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5 Common Mistakes With Administrator Bonds: In Instances Where the Administrator is Not Appointed by Probate Court

5 Common Mistakes With Administrator Bonds: In Instances Where the Administrator is Not Appointed by Probate Court

An Administrator Bond is a type of surety bond. It is needed when one dies intestate, or dies without a valid will. A court appointed administrator must carry out the responsibilities according to probate law. The amount of the bond needs to be 1.5 times the amount of the personal property plus the annual income from real estate.

In order to ensure the process goes smoothly during a very difficult time, we have outlined the five most common mistakes that can cause an administrator appointment to be denied and continued to another court date.

  1. An affidavit of heirship was not filed. This form is often not submitted because it is not provided by the court. It is a formal description of the heirs of the deceased that you provide in exhibit A of the petition. Below is a basic example of what an affidavit of heirship looks like: View Affidavit
  2. The representative has committed a felony. If the client has ever committed a felony the client can not be appointed administrator according to the probate act.
  3. The representative is not a resident of the United States. The representative does not need to be a citizen. They only need to be a resident of the United States. They can also reside in any state. The probate act of Illinois used to be strict where the representative had to be a resident in the state of Illinois, but that law has changed. However, if they live in any country besides the US, they can not be a representative regardless of citizenship.
  4. The representative did not obtain waivers of notice. These are signed forms by other heirs/ legatees approving the representative of the estate. Many times the representative can be appointed without these, for example if they are an only heir, but it’s best to obtain them to make the approval more successful.
  5. The representative did not obtain a surety bond! The most common mistake that causes denial of representative approval by the court is because they did not have a surety bond.

If you are in need of an Administrator Bond or another type of surety bond, visit Maddenbergstrom.com to start our easy-to-use online Get A Bond process for fast, reliable service. If you have any questions, please contact us.

Disclaimer: This information is intended to help individuals, but it should not be construed as legal advice. As with any public policy, there are a number of issues that the law and rules do not address, and law is always subject to change and interpretation. Madden & Bergstrom cannot offer legal advice or offer advisory opinions.

Photo by freestocks on Unsplash

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