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A.R.S. § 14-3604

How the Bond Amount Is Set for a Personal Representative in Arizona

Verified April 4, 202657th Legislature, 1st Regular Session

When a bond is required, the personal representative must estimate the value of personal property and real estate (less debts). They also estimate expected income. The bond amount is based on that total, and the court can reduce it if certain assets are restricted.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

Calculating the Bond Amount

A personal representative bond is not a flat fee. The bond amount is tied directly to the value of the estate.

Before the court approves the appointment, the representative files a sworn statement. This statement estimates the value of personal property, real estate (minus mortgages or liens), and expected income for the next year.

The person qualifying shall file a statement under oath with the registrar indicating his best estimate of the value of the personal estate of the decedent, real estate, less encumbrances thereon and of the income expected from the personal and real estate during the next year, and he shall execute and file a bond with the registrar, or give other suitable security, in an amount not less than the estimate.

A.R.S. § 14-3604(A)

This means larger estates require larger bonds. The surety bond premium is based on the bond amount, and estate funds pay that premium.

The cost can be significant for sizable estates. The bond acts as a guarantee that protects beneficiaries during the probate process.

Ways to Reduce the Bond

The law offers practical ways to lower the bond. For example, the representative can deposit estate assets with the court clerk or a domestic financial institution.

If those deposits prevent unauthorized access, the court can reduce the bond by that amount. The court can also reduce the bond by the value of real estate when the letters restrict the representative from selling without court confirmation.

On petition, the court can excuse the bond entirely or adjust the amount. It can also release existing sureties or allow a substitute bond.

If a surety wants out of the arrangement, they can apply to the court for release. The representative then receives a citation to provide new security.

If the representative fails to post a replacement bond in a reasonable time, the court can revoke their appointment.

14-3604. Bond amount; security; procedure; reduction A. If bond is required and the provisions of the will or order do not specify the amount, unless stated in his application or petition, the person qualifying shall file a statement under oath with the registrar indicating his best estimate of the value of the personal estate of the decedent, real estate, less encumbrances thereon and of the income expected from the personal and real estate during the next year, and he shall execute and file a bond with the registrar, or give other suitable security, in an amount not less than the estimate provided, however, that said bond may be reduced by the amount of any real estate, less encumbrances thereon, if the letters issued to the personal representative contain the restriction that sales of real property by the personal representative are subject to court confirmation. The registrar shall determine that the bond is duly executed by a corporate surety, or one or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property or other adequate security. The registrar may permit the amount of the bond to be reduced by the value of assets of the estate deposited with the clerk of the court or a domestic financial institution, as defined in section 14-6101, in a manner that prevents their unauthorized disposition. On petition of the personal representative or another interested person the court may excuse a requirement of bond, increase or reduce the amount of the bond, release sureties, or permit the substitution of another bond with the same or different sureties. B. When a surety of a personal representative desires to be released from responsibility for future acts, he may apply to the court for a release. The court shall cause a citation to be issued to the personal representative, requiring him to appear at a time and place therein specified, and to give other security. Notice shall be given t...

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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