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New Jersey Guardian Bond
In New Jersey, when a person cannot care for themselves or their property, the surrogate’s court will appoint a "guardian" to make decisions on their behalf. The appointed individual, also known as a fiduciary, may be required to obtain a surety bond as outlined in Section 3B:15-1 of the New Jersey Statutes. The surety bond safeguards the protected person’s assets from any financial harm caused by the guardian's actions and is a prerequisite for obtaining their Letters of Guardianship.
Have any questions? Give us a call at (855) 470-0877 and speak to a live New Jersey probate bond expert.
What Size Bond Do You Need?
The court will set the required bond amount when they enter a judgment appointing you as guardian of the estate after your hearing. The judge will only require a bond if the fiduciary has control over the protected person’s property. If you have not filed an application for guardianship or had your court hearing yet, you must complete these steps before obtaining a bond.
New Jersey Statute 3B:15-1 dictates that guardians of the estate must furnish a bond equal to the value of the protected person’s property under the guardian’s control plus one year’s anticipated income. However, the court will have the final say in determining the bond amount in your case. The court may also increase or decrease the bond amount to reflect any change in the estate’s value.
How Much Does the New Jersey Guardian Bond Cost?
Jet charges a base price of $85 per year for the New Jersey Guardian Bond, with the specific cost varying depending on the bond amount. See the chart below to calculate the price for larger bonds. Guardians must pay for the bond with their funds, but they can ask the court for reimbursement from the estate when filing their annual accounting according to New Jersey Statute 3B:15-8.
To determine how much a fiduciary bond will cost, guardians can follow the steps listed below:
- Determine the Required Bond Amount
After ruling that guardianship is needed, the superior court will enter a written judgment naming the fiduciary and setting their required bond amount. Guardians must furnish their surety bond within 30 days of the hearing.
- Calculate the Total Cost
Guardian bonds up to $17,000 in size will cost as low as $85 per year. For each additional $1,000 increase, the bond premium will increase by the corresponding amount outlined in the table below. Apply online in minutes or call one of our probate bond experts at (855) 470-0877 to determine how much your bond will cost.
| Bond Amount | Additional Premium (per $1,000) | Bond Cost (1 year) |
|---|---|---|
| $0 - $17,000 | $85 flat rate | $85 |
| $17,001 - $50,000 | $5.00 | $85 - $250 |
| $50,001 - $200,000 | $3.75 | $250 - $813 |
| $200,001 - $500,000 | $2.50 | $813 - $1,563 |
| $500,001 - $1,000,000 | $1.00 | $1,563 - $2,063 |
| $1,000,000+ | $0.50 | $2,063+ |
We provide discounted tiered pricing that reduces the percentage rate for larger bond amounts. Applicants can also save money by purchasing bonds for multiple years in advance. Jet determines the price for minor guardianship bonds based on the years until the minor turns 18. Note that rates may vary based on the applicant’s credit and other underwriting factors.
What Are the Different Types of Guardianships in New Jersey?
In New Jersey, all guardianships will be over the person, the estate, or both person and estate, depending on what kind of care is needed. The court will decide the level of powers and responsibilities that each guardian will have. Below are descriptions of each type of guardianship, along with their corresponding bond requirements:
- Guardian of the Estate: A person appointed to exclusively manage the finances of a protected person, including caring for property and managing their bank accounts. Guardians of an estate must obtain a bond pursuant to New Jersey Statute 3B:15-1.
- Guardian of the Person: A person appointed by the court to make decisions for a person’s personal affairs and ensure that their basic needs are met. Guardians over the person only are not required to obtain a bond.
- Guardian of the Person and Estate: A person appointed to manage all aspects of a protected person’s finances and well-being, including caring for their property and ensuring all personal needs are met. Guardians of the person and estate must obtain a bond if they manage any assets.
- General Guardianship: A traditional fiduciary relationship where the guardian can exercise all rights and powers on behalf of the person under guardianship. If the guardian manages the protected person’s assets, they must obtain a fiduciary bond.
- Limited Guardianship: A less-restrictive alternative that allows the fiduciary to act on behalf of a protected person with specific powers and duties explicitly stated by the court. This type of guardianship is less intrusive and more individualized so that the person under guardianship can make some decisions for themselves. The court will only require a surety bond if the fiduciary manages the protected person’s property.
Other Important Terms to Know
- Guardianship: A legal proceeding where the courts appoint a person to manage the financial and/or personal affairs of another person
- Guardian ad litem: An unbiased party, typically an attorney, appointed by the court to protect the best interests of the respondent during the guardianship proceeding
- Estate: The total value of all money and other property owned by the protected person
- Fiduciary: A person or organization that acts on behalf of a protected person and is legally bound to act solely in their best interests. Guardians are a type of fiduciary.
- Incapacitated Individual: A person who the court has determined needs partial or full supervision due to a mental or physical incapacity
- Interested Person: Any person or entity who has an interest in the welfare or finances of a protected person
- Minor: An unemancipated individual under 18 years of age
- Protected Person: An incapacitated adult or minor who cannot independently manage their affairs and is placed under the guardianship of an appointed individual
- Respondent: The minor or adult who is alleged to be disabled and in need of a guardian
- Surety Bond: A type of insurance that protects the protected person if the guardian does not fully fulfill his or her duties
Why Is the New Jersey Guardianship Bond Required? Are There Surety Bond Exemptions?
When a guardian is appointed to manage a protected person’s assets, the surrogate’s court in New Jersey will require a surety bond according to Section 3B:15-1 of the New Jersey Statutes. The bond safeguards the interests and well-being of the person’s estate and serves as a form of insurance that guarantees the responsible and ethical behavior of the fiduciary.
By requiring a bond, the court can help mitigate loss from mismanagement or misuse of the estate assets by the fiduciary. When a bond is on file, the courts can better hold the guardian accountable and ensure they act in accordance with Title 3B of the New Jersey Statutes. The bond can also compensate the protected person for any losses incurred due to the guardian’s actions.
The court may waive or reduce the surety bond requirement in the following situations:
- The guardian is of the person only, not the estate
- The court determines that a bond is not necessary to protect the estate’s assets
- The total value of the estate assets is less than $25,000
- The fiduciary deposits a portion of the estate assets with the clerk of court or into an FDIC-insured financial institution subject to prior court approval for release
When Do I Need to Purchase the Guardian Bond?
Guardianship cases are filed in the Surrogate's Court and ruled upon in the Superior Court. Once the Superior Court names the guardian, they must qualify with the Surrogate's Court by filing a surety bond.
Guardians will only be required to obtain a bond after they attend their court hearing and the superior court judge names them as the fiduciary. The guardian will have up to 30 days to qualify with their county surrogate after the superior court issues their written judgment, including filing their surety bond and completing paperwork with the county surrogate.
Guardians must fully qualify with the county surrogate before they receive their letters of guardianship. For more information on the appointment process for your specific county, contact your county surrogate using the contact information at the end of this page.
How is the Guardian Chosen by the Surrogate’s Court?
When considering who to appoint as guardian, the court attempts to appoint the person who best serves the protected person's interests. Any interested party may petition the court to appoint a guardian over another individual. The order of appointment for guardians in New Jersey is as follows:
- The spouse or domestic partner of the incapacitated person
- The incapacitated person’s heirs or friends
- The Office of the Public Guardian for Elderly Adults
- Any other person determined suitable by the court
In all cases, the court will consider the preferred nominee made by the respondent and appoint the person who will serve in the respondent's best interests.
How To Apply for the New Jersey Guardian Bond with Jet
Jet’s application process is simple and fast - our goal is to get the fiduciary bonded as quickly as possible so they can focus on their obligations. All we need is the bond amount and basic information about the estate.
Once completed and submitted, you will receive your purchase price immediately or a Jet underwriter will review the application. Some of the factors Jet considers when underwriting these types of bonds:
- If the applicant has ever committed a felony
- If there is a prior fiduciary or a prior bond in place
- If there are any creditors to the ward’s estate
- Whether or not the ward owns an ongoing business
- Whether or not the bond amount is equal to the ward’s property
- Applicant’s credit history for bond limits over $25,000 if they have not retained an attorney or $50,000 if they have retained an attorney
Call us at (855) 470-0877 for help getting started.
How Does the Bond Get Filed with the Surrogate’s Court?
After submitting payment, Jet will obtain your bond form from the surrogate court, attach our raised seal, and email and mail it to you. You simply need to sign the form and deliver it to the surrogate’s court overseeing your case.
Jet has provided a chart at the bottom of the page with a list of all surrogate’s court locations in the State of New Jersey and any available contact information for their offices.
Can the New Jersey Guardian Bond Be Canceled?
At Jet, we like to make things easy for our customers, and cancellation of your bond is no exception.
To cancel your bond, send us an email at probate@jetsurety.com or give us a call. When we receive your request, we’ll contact the surrogate’s court to request a release. If the court accepts the request, we will cancel your bond and send you a refund for any unearned premium. We will refund any unearned premium charged after the first year of the bond on a prorated basis.
How Long Do You Need the Bond?
In New Jersey, the surrogate’s court requires that the bond remain on record throughout the fiduciary's entire appointment period, which spans until the guardianship is no longer needed or the minor turns 18 years old. Until that point, the court requires that the bond remains active.
To terminate a guardianship, New Jersey Statute 3B:12-63 states that the fiduciary must submit a final accounting to the court and distribute all property to the former protected person or their estate. The court must first approve the final accounting, and once approved, the court will send a notice of release to the guardian within the subsequent three months. The guardian must send Jet the release, and then we can cancel the bond.
As for renewing your bond, Jet sends a renewal invoice by email and mail before the bond term’s expiration date. As long as you make your renewal payment, the bond will remain active with the surrogate’s court.
How Does a Fiduciary Avoid Surety Bond Claims in New Jersey?
The surrogate’s court expects the guardian to fulfill all duties and obligations under Title 3B of the New Jersey Statutes. Failing to meet these requirements or not adhering to all court orders can result in a bond claim. Some common violations that may lead to a bond claim include the following:
Here are some violations that may lead to bond claims on the New Jersey Guardian Bond:
- Committing negligence, embezzlement, or fraud
- Misusing or misappropriation of estate assets
- Selling any part of the estate without prior court approval
- Acting outside of the powers specifically vested by the court
- Using estate funds or property for personal use
- Failing to submit inventory reports or account for all estate assets
Any person with proven damages caused by the actions of the guardian may file a claim against the bond, including the protected person, creditors to the estate, or the protected person's legal representation.
What Happens if I Get a New Jersey Guardian Bond Claim?
Jet works tirelessly to protect fiduciaries against faulty claims. Even if the court has requested a bond payout, we assess all documentation provided by the court and the guardian before paying out the claim. However, as a fiduciary and indemnitor, you will ultimately be required to reimburse Jet Insurance Company for any loss and expense.
Surrogate's Court Locations in New Jersey
Below is a list of all the surrogate courts located in the State of New Jersey, as well as their addresses and contact information.
| County Courthouse | Phone | Mailing Address | |
|---|---|---|---|
| Atlantic County | (609) 343-2341 | 5911 Main Street Mays Landing NJ 08330 | pio@atlantic-county.org |
| Bergen County | (201) 336-6700 | Two Bergen County Plaza, Suite 5000 Hackensack, NJ 07601 | bersurrprobate@co.bergen.nj.us |
| Burlington County | (609) 265-5005 | 50 Rancocas Road, 1st Floor Mt. Holly, NJ 08060 | surrogates@co.burlington.nj.us |
| Camden County | (856) 225-7282 | 101 S 5th Street Camden, NJ 08103 | Adam.Rosen@camdencounty.com |
| Cape May County | (609) 463-6666 | 9 N. Main Street Cape May Court House, NJ 08210 | surrogate@co.cape-may.nj.us |
| Cumberland County | (856) 453-4800 | 60 W. Broad Street, Suite A111 Bridgeton, NJ 08302 | douglasra@CumberlandCountyNJ.gov |
| Essex County | (973) 621-4901 | 495 Dr. Martin Luther King, Jr. Blvd Newark, NJ 07102 | info@surrogate.essexcountynj.org |
| Gloucester County | (856) 853-3282 | 17 N. Broad Street Woodbury, NJ 08096 | smckenna@co.gloucester.nj.us |
| Hudson County | (201) 748-4400 | 595 Newark Avenue Jersey City, NJ 07306 | webmaster.mbx@njcourts.gov |
| Hunterdon County | (908) 788-1156 | 65 Park Avenue Flemington, NJ 08822 | commissioners@co.hunterdon.nj.us |
| Mercer County | (609) 989-6331 | 175 South Broad Street, Room 420 Trenton, NJ 08650 | dgerofsky@mercercounty.org |
| Middlesex County | (732) 745-3055 | 75 Bayard Street New Brunswick, NJ 08901 | |
| Monmouth County | (732) 431-7330 | One East Main Street Freehold, NJ 07728 | Surrogate@co.monmouth.nj.us |
| Morris County | (845) 431-1770 | 10 Court Street, 5th Floor Morristown, NJ 07960 | surrogate@co.morris.nj.us |
| Ocean County | (732) 929-2011 | 118 Washington Street Toms River, NJ 08754 | |
| Passaic County | (973) 881-4760 | 71 Hamilton Street, Room 101 Paterson, NJ 07505 | surrogateinfo@passaiccountynj.org |
| Salem County | (856) 935-7510 | 174 East Broadway Salem, NJ 08079 | Surrogate@salemcountynj.gov |
| Somerset County | (908) 231-7003 | 20 Grove Street, P.O. Box 3000 Somerville, NJ 08876 | SurrogatesOffice@co.somerset.nj.us |
| Sussex County | (973) 579-0920 | 3 High Street, Suite 1 Newton, NJ 07860 | surrogate@sussex.nj.us |
| Union County | (908) 527-4280 | 2 Broad Street Elizabeth, NJ 07207 | UCSurrogate@ucnj.org |
| Warren County | (908) 475-6223 | 323 Front Street, Suite #1 Belvidere, NJ 07823 | mdoherty@co.warren.nj.us |
