Written by attorney Donald Michael Lins

Is a Personal Representative's Bond Required in Florida Probate?

A well-drafted Florida Will should include a provision waiving the requirement that the Personal Representative post a bond. Some probate courts require a bond be posted in order to protect against the Personal Representative improperly depleting the estate property. Most lawyers agree that posting a bond may cause unnecessary delay and expense to the estate and prefer that no bond be required. If the Will waives the bond, the probate court may not require a bond (although it is discretionary with the court and some courts require a bond regardless of what the Will says). If a Bond is required, it will usually have to be posted before Letters of Administration are issued. the Bond remains in place during the probate and is released upon discharge of the PR at the end of the probate case.

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