Court bond for non-resident executor

[Pamela Miller]

My brother recently passed away in California and named my sister as executor of his estate. She is an American citizen, but resides in Australia. The court requires that she be bonded, but apparently the bonding companies approached by our lawyer have said that they won't bond a non-resident (Catch 22). Can anyone recommend a bonding company that will put up a bond for a non-resident of California???

[Riskwriter]

This one will be tough for you. The reason why I say this, is because any surety company will ask what is obvious, "How can she take care of her responsibilities regarding her brothers estate, if she is literally across the world?"

She is, or at least was a US Citizen, so that is fine, but she maybe is not the best choice to be the named executor.

In some cases, I am able to place bonds in such instances coupled with the attorney's joint control. This takes some of the strain off of the executor as the acting attorney shares some of the responsibilities in the estate. Furthermore, the attorney agrees to the surety to review any of the monetary transactions to ensure that the estate is being taken care of. They (attorney) are then partially responsible for the execution of the estate as well.

Hope that helps!

[Pamela Miller]

Hi Riskwriter,

Thanks - your reply is really very helpful.

My sister plans to stay at our family home in California for the period of the estate administration, which might address the concern about her being resident overseas.

Your suggestion about joint administration with our attorney is very useful and I believe our attorney would be prepared to do this. If so, do you know how we could identify surety companies who would consider this arrangement? Or is it possible to contact your own company via the forum?

Thanks again for your help and for taking the time to respond. I very much appreciate it.

[Riskwriter]

Being that she will remain in CA for the duration of the execution of the estate, you may be able to get approved with the attorney's joint control.

There are only 2 bonding companies I am aware of that use joint control.

Make sure that you send any related court documentation from the court that would be helpful.

[mrbond]

How large of an estate are you talking about? How many heirs? Is there anything unusual in the will such as long term trusts, etc?
If it's a small, simple probate estate, there may still be sureties willing to write a bond for your sister.

[Riskwriter]

I suppose that since you have not yet dsiclosed the amount of the estate, and as the executor is going to be here in the US, this may be a rather simple matter that many could solve for you.

Best of luck-

Ahh, so Pamela and Annie are sisters, that explains a lot...