When a personal representative is appointed to close an estate, they must file a probate surety bond before taking control of the estate. If the Register of Wills or the estate's heirs waive the standard bond requirement, the personal representative must still obtain a nominal surety bond before they are appointed.
Maryland Estates and Trusts Code 6-102 requires all personal representatives to post a nominal bond if the standard bond is excused or waived. A nominal bond of personal representative ensures that the fiduciary will pay all estate debts and any inheritance taxes payable to the state. This unique type of probate bond only protects the estate’s creditors and the State of Maryland, not the heirs.
Have any questions? Give us a call at (855) 470-0877 and speak to a live Maryland probate bond expert.
The county Register of Wills sets the required nominal bond amount based on the value of any debts or inheritance taxes payable by the personal representative. Most registers set the bond amount at $25,000, but it can vary depending on the county and the amount owed by the estate.
Jet Surety charges a flat fee of just $85 per year for any nominal probate bond up to $25,000. For any nominal bonds over $25,000, we use the same tiered pricing structure as the standard personal representative bond. Personal representatives may charge the bond premium as an estate expense according to Maryland Code 6-102g.
Apply online in minutes or call one of our probate bond experts at (855) 470-0877 to obtain your nominal bond today for just $85 per year.
Probate bonds provide financial protection to all interested parties in an estate, ensuring that the personal representative will faithfully manage the estate’s assets and distribute all property according to law. If the decedent’s last will and testament or the intestate heirs choose to waive the standard probate bond, the State of Maryland still requires that estate debts and taxes are financially guaranteed with a surety bond.
Maryland Code 6-102 states that if the personal representative fails to pay any debts owed by the decedent or any state inheritance taxes, the financially damaged party can be imbursed up to the nominal bond amount. This bond protects the estate’s creditors and the State of Maryland, but does not cover the heirs or beneficiaries of an estate.
According to Maryland Statute 6-102, the Register of Wills must require a nominal bond for personal representatives in the following situations:
If neither of the two requirements above is satisfied, the personal representative must still post a personal representative bond before taking control of the estate. The Register of Wills will waive the bond requirement entirely if the estate value does not exceed $10,000 after the payment of allowances and debts.
Jet’s application process for nominal bonds is unlike any other - our goal is to get the personal representative bonded as quickly as possible so they can focus on their obligations. We only need the personal representative’s basic information and the estate name before offering our $85 per year rate.
Once completed and submitted, you will receive your purchase price immediately or a Jet underwriter will reach out for more information. If you have any questions about applying, please call our probate underwriters at (855) 470-0877.
Once you purchase your bond online, Jet will instantly send you an electronic copy of the bond for reference. On the same day of purchase, Jet executs the bond form and sends the original bond to the representative to sign and file with the Register of Wills. Jet (the Surety) and the personal representative must sign the original bond.
The Register of Wills can release the bond once the personal representative has paid all debts and provided an approved final accounting. Once the estate is settled, the personal representative simply needs to email documentation to probate@jetsurety.com so that we can cancel the bond and issue any applicable refund due back to the personal representative.
All premiums paid after the first year are subject to a prorated refund for the unused term. The personal representative must renew their bond if the estate remains open for over a year.
Personal representatives play a vital role in a decedent’s estate, and any unethical action could financially damage the estate’s creditors or the State of Maryland. Anyone appointed as a personal representative must ensure they satisfy all debts owed by the estate and all inheritance taxes payable to the State of Maryland.
A creditor to the estate or the State of Maryland may file a claim against the nominal bond if the personal representative fails to pay off the estate’s debts and/or taxes. To avoid a bond claim, we highly recommend that personal representatives retain the services of an attorney to assist in managing the case.
Upon receiving notice of a claim on the bond, Jet has 30 days to pay the claim or ask for additional time to review it. Jet works tirelessly to protect our clients against faulty claims, and we assess all documentation provided before paying out the claim. However, if a claim is valid and Jet pays the claimant, the personal representative must pay Jet back as the representative is ultimately liable for their own actions.
Below is a list of all the Register of Wills' offices located in the State of Maryland, as well as their addresses and contact information.