How to obtain a probate bond, administrator bond:
Apply for the bond
The executor or administrator of the estate typically applies for the bond after being appointed by the court.
Provide information
Submit details about the estate and the applicant's personal finances to the surety bond company and a list of heirs may be required. On smaller bonds less information is typically required and underwriting is partially based on the applicant’s credit score. If the applicant has a low credit score, they may not be approved for the bond so they should consider having a family member with a high credit score being appointed as administrator and apply for the bond. The Service Insurance Company has the option for you to apply with an online link and E-signatures and payment of premium for fast approvals.
Wait for an assessment
The surety company will evaluate the applicant's credit history, financial stability, and the complexity of the estate. This is typically done immediately if you apply online so you will obtain a quote as soon as you apply unless there are underwriting questions or concerns or the bond amount is very large.
What does a probate bond cost?
A probate bond typically costs around half a percentage point of the bond amount based on personal credit and the complexity of the estate.
Pay the premium
If the application is approved, the applicant must pay a non-refundable annual premium to the surety bond company. The premium is a percentage of the bond's total amount and is due annually until the estate is closed and consult your County Surrogates Court for further details about how to close the estate. We have a convenient way to pay the annual probate premium and will send you a payment link upon approval.
Receive the bond
Once the premium is paid, the surety bond company will issue the probate bond.
A Probate or Administration Bond protects the creditors and heirs of an estate and does NOT protect the administrator from claims made by beneficiaries or creditors if the administrator of the estate doesn’t manage the estate properly. The Administrator is personally responsible for any claims made on the bond and signs an indemnity agreement with the Surety promising to repay any claims and claim costs so please read the application carefully and it is always best to retain an experienced estate attorney to help you navigate through the administration of the estate until it is closed and your responsibilities may vary state by state and county by county which is why it is important to retain a qualified estate attorney.
Definition of Surrogate’s Court
A county office headed by the County Surrogate that may be in the same location as the Superior Court or may be in a different location. The Surrogate’s Court is the filing court for Probate Part actions, including actions to appoint a guardian. It is also where the guardian goes to qualify after entry of the Judgment.
The Duties Of The Surrogate
Probate Wills
Process adoptions
Process contested probate matters
Guardianships for alleged incapacitated adults
Film and record all probate proceedings
Invest minors’ funds
Appoint guardians of minors
Administration of estates without wills
Probate Courts
In New Jersey, probate matters are handled by two courts, namely, the Surrogate's Court and the Superior Court, Chancery Division, Probate Part.
Most probate matters are handled by the Surrogate's Court, which is a court of limited jurisdiction. Each of New Jersey's twenty-one counties has an elected Surrogate. Probate in the Surrogate's Court is initiated by one party, without any formal appearance required. The Surrogate's Courts jurisdiction is restricted to specific uncontested applications, i.e., admitting an original will to probate, appointing an administrator to handle an estate if there is no will, appointing an administrator ad prosequendum to pursue a wrongful death action, and appointing minors' guardians.
Surrogate's Courts handle only uncontested matters, that is, matters where no objection, dispute or controversy arises. For example, the probate of a Last Will and Testament may be handled in the Surrogate's Court only when the original will is lodged, no doubt or difficulty arises on the face of the will, and no caveat, dispute or opposition is present. Otherwise, probate must be handled in the Superior Court's Probate Part.
The Superior Court, Chancery Division, Probate Part, is a court of general jurisdiction. It handles all contested probate matters and certain uncontested matters, with its statutory authority to supervise and resolve any dispute arising in a decedent's estate, trust, guardianship, conservatorship, or other probate matter. The Probate Part handles matters in open court with notice given to all interested parties. It has general oversight of Surrogate's Court proceedings.
The supervision by the Probate Part of estates (decedent, guardianship, conservatorship, trust, etc.) is only as to matters that are brought to the court for its determination or resolution by an interested party. Some estates are administered with no court supervision whatever. The estate is opened as an uncontested application in the Surrogate's Court and may be closed by filing release and refunding bonds with the Surrogate. Other estates will have multiple contested issues adjudicated by a Probate Part judge during the life of the estate, with the personal representative performing all other administrative business with no court direction or involvement.
Useful links
Bergen County Surrogate’s Court
Burlington County Surrogate’s Court
Camden County Surrogate’s Court
Cape May County Surrogate’s Court
Cumberland County Surrogate Court
Essex County Surrogate’s Court
Gloucester County Surrogate Court
Hudson County Surrogate Court
The Hudson County Surrogate's Court is located in the Brennan Court House at 583 Newark Avenue, Jersey City, NJ 07306. The phone number is (201) 795-6378
Middlesex County Surrogate Court
Morris County Surrogate Court
Monmouth County Surrogate
Mercer County Surrogate
Ocean County Surrogate’s Court
Passaic County Surrogate
Surrogate’s Court of Salem County
Somerset County Surrogate’s Court
Sussex County Surrogate Court
Union County Surrogate’s Court
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