By Corcoran Smith Law Corp. · Published · Updated
The California Probate Bond
California requires a personal representative to post a bond before letters issue, unless the will waives it or all beneficiaries waive it in writing. The court sets the amount from the personal property, the estate's expected annual income, and real property under independent administration.
Required by default, waivable by document
Probate Code section 8480 makes the bond the starting position: except as otherwise provided by statute, every person appointed as personal representative must, before letters are issued, give a bond approved by the court. It runs for the benefit of interested persons and is conditioned on faithful execution of the duties of the office. Section 8481 supplies the two exits — the will waives the requirement, or all beneficiaries waive it in writing with the waivers attached to the petition for appointment. Neither is absolute: a will requiring a bond defeats beneficiary waivers, and even where waived the court may for good cause require one on petition or its own motion, before or after letters. Subject to subdivision (b), section 8482(a) caps the amount at the sum of the estimated value of the personal property, the probable annual gross income of the estate, and where independent administration is granted over real property, the estimated value of the decedent’s interest in it. Under subdivision (b), the court may require an admitted surety insurer’s fixed minimum even if it exceeds that amount.
Sources: Probate Code s.8480 - Bond required before letters issue · Probate Code s.8481 - When a bond is not required · Probate Code s.8482 - Fixing the amount of the bond · Verified 2026-08-20.
What drives the number
| Component | Usual calculation under section 8482(a) |
|---|---|
| Estimated value of personal property | Yes |
| Probable annual gross income of the estate | Yes |
| Real property under independent administration | Yes, at the decedent’s interest |
| Given by personal sureties instead of an insurer | Twice the amount fixed under subdivision (a) |
| Before confirming a sale of real property | Additional bond as the court considers proper within the statutory maximum, treating expected proceeds as personal property |
Waiving it is a real decision
Most wills waive bond and most families sign the waiver without much thought, because the representative is a relative and requiring a bond feels like an accusation. It is worth being clear about what the waiver gives up: the bond is the fund a beneficiary recovers from when a representative mishandles the estate and has nothing of their own to reach. Where the estate is large, the representative is in financial difficulty, or the family is already uneasy, that protection is the cheapest one available. A beneficiary who is worried later can still petition the court, and section 8481 expressly lets the court require a bond after letters have issued.
Related: getting appointed, the duties the bond secures, why a sale can require more bond, and what the whole process costs.
The Probate Code sections behind this page
Each section links to its official text at the California Legislature’s own site. The full index of sections covers the rest of the Code.
- Probate Code section 8480
- Bond required before letters issue. Read section 8480
- Probate Code section 8481
- When a bond is not required. Read section 8481
- Probate Code section 8482
- Fixing the amount of the bond. Read section 8482
Before you call: What probate costs · How long it takes · Which court hears it
Attorney, fiduciary or financial advisor with a client matter? How to refer a California probate or trust matter