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  1. #1
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    Default How Can an Out-of-State State Executor Avoid Posting a Bond

    My question involves estate proceedings in the state of: California

    I am the named executor in my mother's will. She lived in Ventura county, CA and I live in AZ. I purchased and read a book about how to probate an estate in California and was making good progress with the necessary forms. My mother's estate although modest qualifies to have to go thru probate court. There seems to be a major problem for the court if you are an out of state resident. My sister, who lives in Ventura county, and I are the only beneficiaries. It would seem we are getting penalized because I live out of state. The will states no bond and we would both waive the need for a bond, so not sure why the court still would require one. The other issue with a bond is surety companies will not issue to an individual, so what now. Even if they did, it would cost us $1000's which seems unfair.
    I looked into the option of blocked accounts since my mother's two largest assets are accounts with a financial company. But, it isn't headquartered in CA, so this may not fly.
    Is it possible to have my CA resident sister act as my co-executor to get around the in-state bias?

  2. #2
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    Default Re: How can an Out-of-State State Executor Avoid Posting a Bond

    It's a matter of Ventura County's local court rules.
    Quote Quoting Rule 10.04(C), Probate Proceedings
    C. PROBATE BOND. Absent exceptional circumstances, the Court will require full statutory bond of personal representatives residing out of state, as set out in Probate Code 8571 and California Rules of Court, rule 7.201(b).
    Quote Quoting 2014 California Rules of Court, Rule 7.201. Waiver of bond in will
    (a) Statement of waiver in petition. If the will waives bond, the Petition for Probate must so state.

    (b) Court's discretion to require bond. The court may require bond if the proposed personal representative resides outside California or for other good cause, even if the will waives bond.
    Quote Quoting California Probate Code, Sec. 8571
    Notwithstanding any other provision of this chapter and notwithstanding a waiver of a bond, the court in its discretion may require a nonresident personal representative to give a bond in an amount determined by the court.

  3. #3
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    Mar 2013
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    Default Re: How can an Out-of-State State Executor Avoid Posting a Bond

    Not as co-executor.

    You would have to decline executorship completely and file papers with the court to that effect.

    Then she would seek the appointment and, once appointed, she would be completely in control of handling the estate administration.

    Do you two get along well enough so that it works out OK with you just helping her?

  4. #4

    Default Re: How can an Out-of-State State Executor Avoid Posting a Bond

    Since the will states "no bond" did they give a reason why a surety bond is required? The bond cost is based on a percent of the estate gross value, NJ it averages 0.2%. You can ask the court for you to step down as executor & have you sister apply.

  5. #5
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    Default Re: How can an Out-of-State State Executor Avoid Posting a Bond

    Quote Quoting adjusterjack
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    Not as co-executor.

    You would have to decline executorship completely and file papers with the court to that effect.

    Then she would seek the appointment and, once appointed, she would be completely in control of handling the estate administration.

    Do you two get along well enough so that it works out OK with you just helping her?
    Most of the time we do, just not sure how this would work out logistically.

    How about the Blocked account option? Any thoughts?

    Thanks!

  6. #6
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    Default Re: How can an Out-of-State State Executor Avoid Posting a Bond

    Quote Quoting DesertDuck
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    Most of the time we do, just not sure how this would work out logistically.

    How about the Blocked account option? Any thoughts?

    Thanks!
    I do not believe the court would find extra work for them (aka "blocked account") to be exceptional circumstances.

  7. #7
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    Default Re: How can an Out-of-State State Executor Avoid Posting a Bond

    Quote Quoting krn001
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    Since the will states "no bond" did they give a reason why a surety bond is required?
    The court isn't obliged to give a reason.

  8. #8
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    Default Re: How can an Out-of-State State Executor Avoid Posting a Bond

    The court is required to impose a bond unless the out-of-state executor shows "exceptional circumstances" why it should not.

  9. #9
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    Default Re: How can an Out-of-State State Executor Avoid Posting a Bond

    Someone please help me with this...if all my mother's assets are in blocked accounts where they can't be touched without court approval, then what would be the purpose of a bond? This is totally nonsensical to me. The bond wouldn't be protecting anything since they are non-accessible.

  10. #10
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    Sep 2013
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    Default Re: How can an Out-of-State State Executor Avoid Posting a Bond

    Quote Quoting DesertDuck
    View Post
    Someone please help me with this...if all my mother's assets are in blocked accounts where they can't be touched without court approval, then what would be the purpose of a bond? This is totally nonsensical to me. The bond wouldn't be protecting anything since they are non-accessible.
    The court does not want to do a blocked account. It is more work for them. As to what the bond protects, there are many powers of an administrator. If the court does not have easy jurisdiction over you, power over you is harder. Some counties' courts have decided to require a bond by their local rules. Prove exceptional circumstances or get a bond if you want to administrate the estate.

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