New York Guardian Bond

New York Guardian Bond

In New York, when a person cannot care for themselves or their property, the 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 NY Mental Hygiene Law 81.25. The surety bond safeguards the ward’s assets from any financial harm caused by the guardian's actions and is a prerequisite for obtaining a guardianship commission.

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Have any questions? Give us a call at (855) 470-0877 and speak to a live New York probate bond expert.

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What Size Bond Do You Need?

The court will set the required bond amount once the judge signs the Order and Judgment after your guardianship hearing. The judge will only require a bond if the fiduciary has control over the ward’s property. If you have not filed a petition or had your court hearing yet, you must complete these steps before obtaining a bond, and you can access all the needed forms here.

New York Mental Hygiene Law 81.25e dictates that guardians must furnish a bond in an amount sufficient to safeguard the ward’s property and 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 York Guardian Bond Cost?

Jet charges a base price of $100 per year for the New York 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 ward’s estate when filing their annual accounting.

To determine how much a fiduciary bond will cost, guardians can follow the steps listed below:

  1. Determine the Required Bond Amount

After ruling on the guardian’s petition in a hearing, the judge will sign off on an Order and Judgment setting the required bond amount. The guardian must purchase and file the bond with their Consent to Act and Designation forms before receiving their guardianship commission.

  1. Calculate the Total Cost

Guardian bonds up to $18,000 in size cost just $100 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 exactly how much your estate bond will cost. 

Bond AmountAdditional Premium (per $1,000)Bond Cost (1 year)
$0 - $18,000$100 flat rate$100
$18,001 - $50,000$5.00$100 - $260
$50,001 - $200,000$4.00$260 - $860
$200,001 - $500,000$2.50$860 - $1,160
$500,001 - $1,000,000+$1.00$1,160 - $2,110
New York Guardianship Bond Cost Breakdown

We provide discounted tiered pricing that reduces the percentage rate for larger estate bond amounts. Guardians can also save money by purchasing their fiduciary bond for multiple years in advance. Jet determines the price for guardianships over minors based on the number of years until the minor turns 18.

What Are the Different Types of Guardianships in New York?

In New York, all guardianships will be for the ward’s person, property, or both person and property, depending on what kind of care the ward needs. There are three types of guardianships in New York, each with varying powers and responsibilities under the New York Mental Hygiene Laws and the Surrogate’s Court Procedure Act. Below are descriptions of each type of guardianship, along with their corresponding bond requirements: 

Other Important Terms to Know

Why Is the New York Guardianship Bond Required? Are There Surety Bond Exemptions?

When a guardian is appointed to manage a ward’s property, the surrogate’s court in New York will require a surety bond according to NY Mental Hygiene Law 81.25. The bond safeguards the interests and well-being of the ward’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 ward's property by the fiduciary. When a bond is on file, the courts can better hold the guardian accountable and ensure they act in accordance with the New York Mental Hygiene Laws and the Surrogate’s Court Procedure Act. The bond can also compensate the ward for any losses incurred due to the guardian’s actions.

The court may waive or reduce the surety bond requirement in the following situations:

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 ward's interests. Any interested party may petition the court to appoint a guardian over another individual. The order of appointment for guardians over adults in New York is as follows:

For minor guardianships, any person interested in the welfare or well-being can file a petition to appoint a guardian. New York SCP 1703 also allows minor children to request a guardian if they are at least 14 years old.

How To Apply for the New York 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.

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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:

Applicants for bond limits over $50,000 will need to submit documentation from the court for review, specifically their petition for appointment as fiduciary and the order from the court requiring the probate bond.

How Does the Bond Get Filed with the Surrogate’s Court?

When you purchase the surety bond, you will immediately receive a digital version of your bond with a receipt. Afterward, Jet will complete the bond form, attach our raised seal to the original copy, and mail it to you. You must simply sign and deliver the original copy to the surrogate’s court overseeing your case.

Many county courts in New York accept e-filing for guardianship documents. However, all counties require the guardian to submit the physical copy of their bond, with the raised seal, by mail or in person. Jet has provided a chart at the bottom of the page with a list of all county court locations in the State of New York and any available contact information for their offices.

New York Guardian Bond Filing Process

Can the New York 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 probate 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 York, the surrogate’s court requires that the bond remains in effect throughout the fiduciary's appointment period. The guardianship ends when the adult no longer needs a guardian or the minor turns 18. 

Any person, including the guardian or the ward, can petition the court to terminate the fiduciary relationship. The court will grant the petition and schedule a hearing if they find no basis for the guardianship to continue. If the judge approves the request after a hearing, the fiduciary will need to submit a final report to the court showing that all assets have been managed correctly. Afterward, the court will release the guardian from liability, and Jet will 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 York?

The surrogate’s court expects the guardian to fulfill all duties and obligations outlined in the New York Mental Hygiene Laws and the Surrogate’s Court Procedure Act. Failing to meet these requirements or not adhering to all court orders can result in a bond claim.

Here are some violations that may lead to bond claims on the New York Guardian Bond:

Any person with proven damages caused by the guardian's actions may file a claim against the bond, including the ward, creditors to the estate, or the ward's legal representation.

What Happens if I Get a New York Guardian Bond Claim?

Upon receiving court 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 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 for any losses.

Surrogate's Court Locations in New York

Below is a list of all the surrogate courts located in the State of New York, as well as their addresses and contact information.

County CourthousePhoneMailing AddressEmail
Albany County(518) 285-858516 Eagle Street, Room 123
Albany, NY 12207
AlbanySurrogateCourt@nycourts.gov
Allegany County(585) 449-34647 Court Street
Belmont, NY 14813-1084
dgjacobs@nycourts.gov
Bronx County(718) 618-2300851 Grand Concourse
Bronx, NY 10451
bxsurrhelpctr@nycourts.gov
Broome County(607) 240-5789P.O. Box 1766
Binghamton, NY 13902
Broome-Surrogate@nycourts.gov
Cattaraugus County(716) 379-6636303 Court Street
Little Valley, NY 14755
jzlockie@nycourts.gov
Cayuga County(315) 237-6210152 Genesee Street
Auburn, NY 13021
Chautauqua County(716) 753-4337Courthouse - PO Box C
Mayville, NY 14757
dpuleo@nycourts.gov
Chemung County(607) 873-9440Post Office Box 588
Elmira, NY 14902-0588
6jdchmsurr@nycourts.gov
Chenango County(607) 371-716513 Eaton Ave.
Norwich, NY 13815
Clinton County(518) 536-3830137 Margaret Street
Plattsburgh, NY 12901
ClintonSurrogate@nycourts.gov
Columbia County(518) 267-3150401 Union Street
Hudson, NY 12534
Cortland County(607) 218-333546 Greenbush Street, Suite #303
Cortland, NY 13045-2725
CortlandSurrogate@nycourts.gov
Delaware County(607) 376-54053 Court Street
Delhi, NY 13753
delawaresurrogatecourt@nycourts.gov
Dutchess County (845) 431-177010 Market Street
Poughkeepsie, NY 12601
eriesurrogatehelp@nycourts.gov
Erie County(716) 845-256092 Franklin Street - 2nd floor
Buffalo, NY 14202
eriesurrogatehelp@nycourts.gov
Essex County(518) 873-33207559 Court Street - P.O. Box 217
Elizabethtown, NY 12932
Franklin County(518) 353-7350355 West Main Street
Malone, NY 12953
Fulton County(518) 706-3280223 West Main Street
Johnstown, NY 12095
FultonSurrogate@nycourts.gov
Genesee County(585) 201-57331 West Main Street
Batavia, NY 14020
jmrusso@nycourts.gov
Greene County(518) 625-3150320 Main Street
Catskill, NY 12414
Hamilton County(518) 648-5411102 County View Drive
Lake Pleasant, NY 12108
HamiltonSurrogate@nycourts.gov
Herkimer County(315) 619-3400301 N. Washington Street
Herkimer, NY 13350
Jefferson County(315) 785-3019163 Arsenal Street
Watertown, NY 13601
JeffersonSurrogate@nycourts.gov
Kings County(347) 404-96902 Johnson St.
Brooklyn, NY 11201
Lewis County(315) 570-24387660 N. State Street, Second Floor
Lowville, NY 13367
LewisSurrogate@nycourts.gov
Livingston County(585) 371-39212 Court Street
Geneseo, NY 14454
Madison County(315) 231-5321138 North Court Street
Wampsville, NY 13163
madisonsurrogate@nycourts.gov
Monroe County(585) 371-331099 Exchange Blvd.
Rochester, NY 14614
tmdiamon@nycourts.gov
Montgomery County(518) 853-810858 Broadway - P.O. Box 1500
Fonda, NY 12068
Nassau County(516) 493-3800262 Old Country Road
Mineola, New York 11501
Nassausurrogate@nycourts.gov
New York County(646) 386-500331 Chambers Street
New York, NY 10007
guardian_general@nycourts.gov
Niagara County(716) 439-7148175 Hawley Street
Lockport, NY 14094
dpuleo@nycourts.gov
Oneida County(315) 266-4550800 Park Avenue, 8th Floor
Utica, NY 13501
Onondaga County(315) 671-2100401 Montgomery Street
Syracuse, NY 13202
Ontario County(585) 412-533127 North Main Street
Canandaigua, NY 14424
Orange County(845) 476-365530 Park Place
Goshen, NY 10924
VirtualOrangeSurrogatesCourt@nycourts.gov
Orleans County(585) 283-66581 South Main Street. Suite 3
Albion, NY 14411-1497
jsummers@nycourts.gov
Oswego County(315) 207-756625 East Oneida Street
Oswego, NY 13126
Otsego County(607) 322-3150197 Main Street, Suite 21
Cooperstown, NY 13326
OtsegoSurrogate@nycourts.gov
Putnam County(845) 208-786044 Gleneida Avenue
Carmel, NY 10512
VirtualPutnamSurrogatesCourt@nycourts.gov
Queens County88-11 Sutphin Blvd.
Jamaica, NY 11435
qnssurr-info@nycourts.gov
Rensselaer County(518) 285-610080 Second Street
Troy, NY 12180
RensselaerSurrogateCourt@nycourts.gov
Richmond County(718) 675-850818 Richmond Terrace
Staten Island, NY 10301
RichmondGuardianship@nycourts.gov
Rockland County(845) 483-82601 South Main Street
New City, NY 10956
VirtualRocklandSurrogatesCourt@nycourts.gov
Saratoga County(518) 451-883030 McMaster Street - Building 3
Ballston Spa, NY 12020
Schenectady County(518) 285-8455612 State Street
Schenectady, NY 12305
Schoharie County(518) 453-6986P.O. Box 669
Schoharie, NY 12157
SchoharieSurrogateCourt@nycourts.gov
Schuyler County(607) 228-3351105 9th St., Unit 35
Watkins Glen, NY 14891
Seneca County(315) 835-623248 West Williams Street
Waterloo, NY 13165
SenecaSurrogateCourt@nycourts.gov
St. Lawrence County(315) 379-221748 Court Street
Canton, NY 13617
Steuben County(607) 622-82213 East Pulteney Square
Bath, NY 14810
Suffolk County(631) 852-1745320 Center Drive
Riverhead, NY 11901
sufmessina@nycourts.gov
Sullivan County(845) 791-3500100 North Street
Monticello, NY 12701
Tioga County(607) 689-610721 Court Street
Owego, NY 13827
TiogaSurrogate@nycourts.gov
Tompkins County(607) 216-6655320 North Tioga Street
Ithaca, NY 14850
TompkinsSurrogate@nycourts.gov
Ulster County(845) 481-9338240 Fair Street
Kingston, N.Y. 12401
UlsterSurrogateCourt@nycourts.gov
Warren County(518) 480-63601340 State Route 9
Lake George, NY 12845
WarrenSurrogate@nycourts.gov
Washington County(518) 285-4389383 Broadway Street
Fort Edward, NY 12828
WashingtonSurrogate@nycourts.gov
Wayne County(315) 665-811954 Broad Street
Lyons, NY 14489
WayneSurrogate@nycourts.gov
Westchester County(914) 824-5656111 Dr. Martin Luther King Jr. Blvd, 19th floor
White Plains, NY 10601
VirtualWestchesterSurrogatesCourt@nycourts.gov
Wyoming County(585) 228-3200147 North Main Street
Warsaw, NY 14569
rschell@nycourts.gov
Yates County(315) 835-6321415 Liberty Street
Penn Yan, NY 14527
YatesSurrogate@nycourts.gov
New York County Court Locations and Contact Information

New York Guardian Bond Form
New York Guardianship Bond Form

Notary Bond Application:

Business Information:

Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

Contact Information:

Employee Dishonesty Bond Application:

Business Information:

Business Description:

Coverage Requirements:

Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

Contact Information:

Contract Bond Application:

Business Information:

Owner Information:

Job Details:

Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

Contact Information:

Worker's Compensation Application:

Business Information:

Business Description:

Coverage Requirements

Indemnity Agreement:

I, the undersigned, hereby apply for a Dishonesty Bond also known as a Business Service Bond or Janitorial Service Bond (“bond”) to the Surety Company (“SURETY”) through Jet Insurance Company (“JET”), with whom I hereby grant the authority to act on my behalf with respect to the bond and assign as my Broker of Record, and declare that the statements herein are true and correct. In consideration of the SURETY issuing, renewing or substituting said bond(s), I, individually and as the owner or officer of the bonded entity, hereby understand and agree, as follows: (i) to reimburse, hold harmless, and indemnify SURETY upon demand for all loss, liability, claim, expense, including but not limited to attorneys’ fees, expert’s fees, investigative fees and claims handling fees, and any other cost which SURETY shall pay or incur in defense, adjustment, or settlement of such claims/suits by reason of such suretyship; (ii) that an itemized statement of loss and expenses by SURETY shall be indisputable proof of my liability to SURETY; (iii) coverage is subject to a $100 deductible; (iv) the employee must be convicted before coverage will apply (v) performance and any form of dispute resolution of this agreement shall take place in the county of SURETY's office of service; and (vi) a facsimile copy or electronically signed version of this agreement shall be binding as if it were an original. This agreement shall survive any changes in, substitute to or renewal of the bond(s).

Required Effect Date of Bond Policy:

Contact Information: