A guardian and/or a conservator, referred to as a fiduciary, is appointed by a probate court to care for and act on behalf of a minor or person deemed incompetent (often called a ward or protected person), the person’s estate, or both. While fulfilling the obligations of a fiduciary, Ohio courts may require a surety bond.
Jet Insurance Company provides the Ohio Guardian and Conservator Bond as an assurance that the protected person and/or estate will be properly cared for. The bond also acts as a financial guarantee should the fiduciary violate any guardian or conservator duties.
APPLY FOR A GUARDIAN/CONSERVATOR BOND
Jet acts as a direct surety provider; this means that we don't use middlemen brokers or agents who elongate the process and tack on commission fees, allowing us to offer applicants efficient bond services at affordable prices. Have any questions? Give us a call at (855) 470-0877 and we will be happy to help.
The Guardian and Conservator Bond has a custom limit that is determined by the Ohio probate court. For those overseeing a protected person and their estate, it must be no less than double the probable value of the personal property and of the annual real estate property rentals that will come into possession or control of the fiduciary.
At Jet, the cost of a Guardian and Conservator Bond is based on the personal credit score of the fiduciary and is only a small percentage of the bond limit. Jet Surety charges $85 per year for all administrator bonds up to $17,000 in size. For each additional $1,000 increase in the bond amount, the bond premium will increase by the corresponding amount outlined in the table below. See the chart below to calculate the price for larger bonds.
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 - $1,500,000 | $1.00 | $1,563 - $2,063 |
$1,500,000+ | $0.50 | $2,063+ |
For example, a $30,000 guardianship bond will cost $210 per year while a $40,000 executor bond will cost $270 per year. Jet does not require credit checks for applicants with bond sizes under $25,000 or under $50,000 if the applicant has retained an attorney.
Guardian status can be met either by the probate court, on its own motion, appointing an adult individual for guardianship of the protected person, or accepting the application from an adult individual to be a guardian of the minor or incompetent. In addition, guardianship can include the management of the protected person’s estate.
According to Ohio Revised Code (ORC), Chapter 2111.021, if an adult individual finds that a person is physically infirm, they can petition for the court to place the management of the protected person’s estate under conservatorship with the probate court. A conservatorship will only be issued if the petition was voluntarily filed and the proposed conservator is found to be suitable and meets the court’s requirements.
The duties of each role vary and can sometimes be specific to what the probate court decides, but the general details for each fiduciary type and what they do can be found listed in the chart below:
Fiduciary Type | Ohio Courts Definition | What They Do |
---|---|---|
Guardian of Minor | Any person, association, or corporation appointed by the probate court to care for and manage a minor, their estate, or both. | According to ORC Chapter 2111.13, a guardian is in charge of everyday decisions (basic care, education, finances, health) for the child. |
Guardian of Incompetent | Appointed by the probate court to care for the ward and their estate. The ward has been deemed incompetent due to mental impairment or disability or is otherwise unable to properly care for themselves and their estate. | Duties include those listed above in addition to making medical decisions on behalf of the protected person such as professional care, treatment, and counseling services. |
Conservator | Any competent adult appointed by the probate court in an order of conservatorship. | Responsible for the collection, preservation, and investment of the protected person’s estate. |
To promote further understanding of expected duties to follow, the probate court will provide fiduciaries with the Ohio Judicial Conference Guardian Guidebook.
The court-appointed guardian or conservator is responsible for the care and management of the minor or person deemed incompetent, which includes making their financial decisions. Due to the weight of these decisions, Ohio county probate courts require a bond for guardianships and conservatorships. The bond ensures the protected person’s assets and property are financially preserved and that the ward’s overall well-being is taken care of according to the probate court’s and state’s standards.
The following people are generally exempt from the surety bond requirement:
The court may still require a bond in any of the above cases if they feel it necessary for the safety of the protected person.
The court may waive or reduce the surety bond when the value of the personal property and annual real property rentals that will come into the possession of or under control of the fiduciary is less than $10,000.
Our application for the Guardian and Conservator Bond can be done completely online. The application will ask for contact information, the probate court’s required bond limit, general information about the protected person and/or estate, and the fiduciary’s social security number for a soft credit check. Once submitted, Jet will conduct a quick review of the completed application. Approved rate options will be sent that are available for online purchase. Just fulfill payment and receive a copy of the bond and receipt right away.
The original, signed and sealed Guardian and Conservator Bond is to be filed with the probate court of the county in which the protected person lives. Once the surety bond has been officially purchased, Jet will fill out and seal the bond form appropriately, and then send it to the fiduciary. It is the guardian or conservator’s responsibility to sign and complete the bond filing themselves.
Jet has provided a chart at the bottom of the page with a list of each county’s probate court in the State of Ohio, as well as any available contact information for their offices.
The Guardian and Conservator Bond may be cancelled, but the surety provider (Jet) must send a written bond termination request to the county probate court in which the bond was originally filed. If the judge accepts this request, the bond will be officially canceled as soon as Jet receives a release of liability.
Unless the fiduciary has completed the obligations, the probate court judge will require the fiduciary to promptly supply the court with a new surety bond. Failure to do so will result in the court removing the fiduciary from their guardian or conservator position.
If you ever need to cancel your bond, just send us a written cancellation request to bonddept@jetsurety.com and we will begin the process with the county probate court.
Ohio county probate courts require the Guardianship and Conservatorship Bond to be on file for the entirety of the guardianship or conservatorship.
As for renewing your bond, Jet will send a renewal invoice far in advance of the bond term’s expiration date. As long as payment is fulfilled, the bond will remain active with the probate court.
The Guardian and Conservator Bond obligation will only end when the fiduciary duties are complete and the fiduciary has been officially released as a guardian or conservator by the probate court. In the following scenarios, the fiduciary will be released of liability:
Guardian of Minor: Upon the ward meeting 18 years of age, the removal or resignation of the guardian, or the death of the protected person. Marriage of the ward will not release the guardian’s management of the estate so a bond will still be needed.
Guardian of Incompetent: The guardian’s obligations will be released if the court determines the protected person to now be competent, upon the death of the ward, or if the necessity for guardianship no longer exists. Removal or court approval for the resignation of the guardian may also occur.
Conservator: A judicial determination must be made of the conservator for removal or approval of resignation. The release will also occur if the court reaches the determination that the ward is now competent to manage themselves and their estate.
According to Ohio Revised Code Chapter 2109.32, the probate court will hold a final account review to ensure the fiduciary has properly met all ordered obligations regarding the ward and/or estate. The fiduciary will be discharged and the surety bond will be terminated if the final account is approved and settled by order of the court.
Fiduciaries will face many challenges during their appointment as a guardian or conservator, whether it be for a minor or incompetent, an estate, or both. It is typical for a fiduciary to hire an attorney to work alongside them to ensure they are completing all duties in compliance with the State’s and court’s regulations.
The probate court expects the guardian or conservator to fulfill all appropriate obligations pursuant to Ohio Revised Code, Title 21, particularly the specific sections pertaining to fiduciaries, guardians, and conservatorships. Violations may lead to penalties such as a bond claim.
Common causes for claims on the Ohio Guardian and Conservator Bond include the following:
According to Chapter 2109.61 of the ORC, a claim may be filed on the fiduciary’s bond by the protected person themselves once they have reached the age of 18 or have been deemed competent by the probate court. Any person who has been financially injured due to a breach of any condition of the surety bond may also file a claim. The claimant must file a suit with the probate court directly. The court will decide whether or not the suit is justified and if restitution by means of the bond is acceptable.
The probate court will send notice of a bond claim to Jet after the verdict has been officially made. Once received, the Jet team will conduct a full investigation of the claim to review its validity.
Per the Guardian and Conservator Bond form, claims that are proven to be justified must be paid out to the claimant in the penal sum ordered, but not to exceed the bond limit. Guardians and conservators are held responsible for their actions and will ultimately be required to reimburse Jet for the full claim payout amount.
County Courthouse | Phone Number | Address |
---|---|---|
Allen County Court of Common Pleas, Probate Division | 419-223-8501 | Allen County Probate Court 1000 Wardhil Ave. Lima, OH 45805 |
Ashland County Court of Common Pleas, Probate Division | 419-282-4325 | Ashland County Courthouse 142 W. 2nd Street Ashland, OH 44805 |
Ashtabula County Court of Common Pleas, Probate Division | 440-576-3451 | Ashtabula Probate Court 25 West Jefferson Street Jefferson, OH 44047 |
Athens County Court of Common Pleas, Probate Division | 740-592-3252 | Athens County Probate Court 1 S. Court Street, 2nd Floor Athens, OH 45701 |
Belmont County Court of Common Pleas, Juvenile & Probate Divisions | 740-699-2144 | Belmont County Probate Court 101 West Main Street St. Clairsville, OH 43950 |
Brown County Court of Common Pleas, Probate Division | 937-378-6549 | Brown County Probate Court 510 East State St., Suite 1 Georgetown, OH 45121 |
Butler County Court of Common Pleas, Probate Division | 513-887-3294 | Butler County Probate Court 101 High Street Hamilton, OH 45011 |
Carroll County Court of Common Pleas, Probate & Juvenile Divisions | 330-627-2323 | Carroll County Probate Court 119 S. Lisbon Street, Suite 202 Carrollton, OH 44615 |
Clark County Court of Common Pleas, Probate Division | 937-521-1845 | Clark County Probate Court 50 E. Columbia St., 5th Floor Springfield, OH 45502 |
Clermont County Court of Common Pleas, Probate Division | 513-732-7243 | Clermont County Probate Court 2379 Clermont Center Drive Batavia, OH 45103 |
Clinton County Court of Common Pleas, Probate Division | 937-382-2280 | Clinton County Probate Court 46 S. South Street, Suite 224 Wilmington, OH 45177 |
Columbiana County Court of Common Pleas, Probate Division | 330-424-9516 | Columbiana County Probate Court 105 South Market Lisbon, OH 44432 |
Coshocton County Court of Common Pleas, Probate and Juvenile Divisions | 740-622-1837 | Coshocton County Probate Court 426 Main Street Coshocton, OH 43812 |
Crawford County Court of Common Pleas, Probate Division | 419-562-5771 | Crawford County Probate Court 112 E. Mansfield St., Suite 200 Bucyrus, OH 44820 |
Cuyahoga County Court of Common Pleas, Probate Division | 216-443-8785 | Cuyahoga County Probate Court 1 Lakeside Avenue West Cleveland, OH 44113 |
Darke County Court of Common Pleas, Probate Division | 937-547-7345 | Darke County Probate Court 300 Garst Ave. Greensville, OH 45331 |
Defiance County Court of Common Pleas, Probate Division | 419-782-4181 | Defiance County Probate Court 221 Clinton Street, Third Floor Defiance, OH 43512 |
Delaware County Court of Common Pleas, Probate Division | 740-833-2680 | Delaware County Probate Court 145 North Union Street, 3rd Floor Delaware, OH 43015 |
Erie County Court of Common Pleas, Probate Division | 419-627-7750 | Erie County Probate Court 323 Columbus Ave., 2nd Floor Sandusky, OH 44870 |
Fairfield County Court of Common Pleas, Probate Division | 740-652-7485 | Fairfield County Probate Court 224 East Main Street, 3rd Floor Lancaster, OH 43130 |
Fayette County Court of Common Pleas, Probate Division | 740-335-0640 | Fayette County Probate Court 110 E. Court Street, 2nd Floor Washington Court House, OH 43160 |
Franklin County Court of Common Pleas, Probate Division | 614-525-3894 | Franklin County Probate Court 373 S. Hight Street, 2nd Floor Columbus, OH 43215 |
Fulton County Court of Common Pleas, Probate Division | 419-337-9242 | Fulton County Probate Court 210 S. Fulton St. Wauseon, OH 43567 |
Gallia County Court of Common Pleas, Probate & Juvenile Divisions | 740-446-4612 | Gallia County Probate Court 18 Locus Street, Room 1293 Gallipolis, OH 45631 |
Geauga County Court of Common Pleas, Probate Division | 440-279-1830 | Geuaga County Probate Court 231 Main Street, Suite 200 Chardon, OH 44024 |
Greene County Court of Common Pleas, Probate Division | 937-562-5280 | Greene County Probate Court 45 N. Detroit St. Xenia, OH 45385 |
Guernsey County Court of Common Pleas, Probate Division | 740-432-9262 | Guernsey County Probate Court 801 East Wheeling Ave. Cambridge, OH 43725 |
Hamilton County Court of Common Pleas, Probate Division | 513-946-3579 | Hamilton County Probate Court 230 East Ninth Street Cincinnati, OH 45202 |
Hancock County Court of Common Pleas, Probate Division | 419-424-7079 | Hancock County Probate Court 308 Dorney Plaza Findlay, OH 45840 |
Hardin County Court of Common Pleas, Probate Division | 419-674-2230 | Hardin County Probate Court One Courthouse Sq., Suite 210 Kenton, OH 43326 |
Harrison County Court of Common Pleas, Probate Division | 740-942-2088 | Harrison County Probate Court 538 North Main Street Cadiz, OH 43907 |
Henry County Court of Common Pleas, Probate Division | 419-592-7771 | Henry County Probate Court 660 N. Perry St., Suite 203 Napoleon, OH 43545 |
Highland County Court of Common Pleas, Probate Division | 937-393-9981 | Highland County Probate Court 105 North High Street Hillsboro, OH 45133 |
Hocking County Court of Common Pleas, Probate Division | 740-385-4027 | Hocking County Probate Court 1 East Main Street Logan, OH 43138 |
Holmes County Court of Common Pleas, Probate Division | 330-674-5881 | Holmes County Probate Court 1 East Jackson Street, Suite 202 Millersburg, OH 44654 |
Huron County Court of Common Pleas, Probate Division | 419-668-4383 | Huron County Probate Court 2 East Main Street, Room 106 Norwalk, OH 44857 |
Jackson County Court of Common Pleas, Probate Division | 740-286-1401 | Jackson County Probate Court 350 Portsmouth St Jackson, OH 45640 |
Jefferson County Court of Common Pleas, Probate Division | 877-690-3729 | Jefferson County Probate Court 301 Market Street Steubenville, OH 43952 |
Knox County Court of Common Pleas, Probate Division | 740-393-6788 | Knox County Probate Court 117 East High Street, Suite 201 Mount Vernon, OH 43050 |
Lake County Court of Common Pleas, Probate Division | 440-350-2626 | Lake County Probate Court 25 North Park Place Painesville, OH 44077 |
Lawrence County Court of Common Pleas, Probate Division | 740-533-4360 | Lawrence County Probate Court 1 Veterans Square Ironton, Ohio 45638 |
Licking County Court of Common Pleas, Probate Division | 740-670-5624 | Licking County Probate Court 1 North Park Place Newark, OH 43055 |
Logan County Court of Common Pleas, Probate Division | 937-599-7252 | Logan County Probate Court 101 S. Main Street Bellefontaine, OH 43311 |
Lorain County Court of Common Pleas, Probate Division | 440-329-5175 | Lorain County Probate Court 225 Court Street, 6th Floor Elyria, OH 44035 |
Lucas County Court of Common Pleas, Probate Division | 419-213-4775 | Lucas County Probate Court 700 Adams St., Suite 200 Toledo OH 43604 |
Madison County Court of Common Pleas, Probate Division | 740-852-0756 | Madison County Probate Court 1 North Main St. Room 205 London, OH 43140 |
Mahoning County Court of Common Pleas, Probate Division | 330-740-2158 | Mahoning County Probate Court 120 Market Street Youngstown, OH 44503 |
Marion County Court of Common Pleas, Probate Division | 740-223-4060 | Marion County Probate Court 222 West Center Street Marion, OH 43302 |
Medina County Court of Common Pleas, Probate Division | 330-725-9703 | Medina County Probate Court 93 Public Square, Room 104, Medina, OH 44256 |
Meigs County Court, Probate Division | 740-992-5290 | Meigs County Probate Court 100 East Second Street, Suite 303 Pomeroy, OH 45769 |
Mercer County Court of Common Pleas, Probate Division | 419-586-6461 | Mercer County Probate Court 101 North Main Street, Room 205 Celina, OH 45822 |
Miami County Court of Common Pleas, Probate Division | 937-440-6050 | Miami County Probate Court 201 W. Main St. Troy, OH 45373 |
Monroe County Court of Common Pleas, Probate Division | 740-472-1654 | Monroe County Probate Court 101 N. Main St. Room 39 Woodsfield, OH 43793 |
Montgomery County Court of Common Pleas, Probate Div. | 937-225-4640 | Montgomery County Probate Court 41 N. Perry St. Dayton, OH 45422 |
Morrow County Court of Common Pleas, Probate Division | 419-947-5575 | Morrow County Probate Court 48 East High Street Mount Gilead, OH 43338 |
Muskingum County Court of Common Pleas, Probate Division | 740-455-7113 | Muskingum County Probate Court 401 Main Street Zanesville, OH 43701 |
Noble County Court of Common Pleas, Probate Division | 740-732-4408 | Noble County Probate Court 350 Court House Caldwell, OH 43724 |
Ottawa County Court of Common Pleas, Probate Division | 419-734-6830 | Ottawa County Probate Court 315 Madison Street Port Clinton, OH 43452 |
Paulding County Court of Common Pleas, Probate Division | 419-399-8210 | Paulding County Probate Court 115 North Williams Street, Suite 201 Paulding, OH 45879 |
Perry County Court of Common Pleas, Probate Division | 740-342-1493 | Perry County Probate Court 105 North Main Street New Lexington, OH 43764 |
Pickaway County Court of Common Pleas, Probate Division | 740-474-3950 | Pickaway County Probate Court 207 South Court Street Circleville, Ohio 43113 |
Pike County Court of Common Pleas, Probate Division | 740-947-2560 | Pike County Probate Court 230 Waverly Plaza, Suite 600 Waverly, OH 45690 |
Portage County Court of Common Pleas, Probate Division | 330-297-3866 | Portgage County Probate Court 203 West Main Street Ravenna, OH 44266 |
Preble County Court of Common Pleas, Probate Division | 937-456-8165 | Preble County Probate Court 101 East Main Street Eaton, OH 45320 |
Putnam County Court of Common Pleas, Probate Division | 419-523-3110 | Putnam County Probate Court 245 E. Main St. Ottawa, OH 45875 |
Richland County Court of Common Pleas, Probate Division | 419-774-5583 | Richland County Probate Court 50 Park Avenue East Mansfield, OH 44902 |
Ross County Court of Common Pleas, Probate Division | 740-774-1179 | Ross County Probate Court 2 N. Paint St, Suite A Chillicothe, OH 45601 |
Sandusky County Court of Common Pleas, Juvenile and Probate Division | 419-334-6211 | Sandusky County Probate Court 100 N. Park Ave. Fremont, OH 43420 |
Scioto County Court of Common Pleas, Probate Division | 740-355-8207 | Scioto County Probate Court 602 7th Street Portsmouth, OH 45662 |
Seneca County Court of Common Pleas, Probate Division | 419-447-3121 | Seneca County Probate Court 103 East Market Street Tiffin, OH 44883 |
Shelby County Court of Common Pleas, Probate Division | 937-498-7263 | Shelby County Probate Court 100 E. Court Street Sidney, OH 45365 |
Stark County Court of Common Pleas, Probate Division | 330-451-7801 | Stark County Probate Court 115 Central Plaza North, Suite 101 Canton, OH 44702 |
Summit County Court of Common Pleas, Probate Division | 330-643-2350 | Summit County Probate Court 209 South High Street Akron, OH 44308 |
Trumbull County Court of Common Pleas, Probate Division | 330-675-2521 | Trumbull County Probate Court 161 High Street NW Warren, OH 44481 |
Tuscarawas County Court of Common Pleas, Probate Division | 330-365-3243 | Tuscarawas County Probate Court 125 East High Avenue New Philadelphia, OH 44663 |
Union County Court of Common Pleas, Probate Division | 937-645-3029 | Union County Probate Court 215 West Fifth Street Marysville, OH 43040 |
Van Wert County Court of Common Pleas, Probate Division | 419-238-1022 | Van Wert County Probate Court 121 E. Main St. Van Wert, OH 45891 |
Vinton County Court of Common Pleas, Probate Division | 740-596-4571 | Vinton County Probate Court 100 E. Main St. McArthur, OH 45651 |
Warren County Court of Common Pleas, Probate Division | 513-695-1180 | Warren County Probate Court 900 Memorial Drive Lebanon, OH 45036 |
Washington County Court of Common Pleas, Probate Division | 740-373-6623 | Washington County Probate Court 205 Putnam Street Marietta, OH 45750 |
Wayne County Court of Common Pleas, Probate Division | 330-287-5575 | Wayne County Probate Court 107 W. Liberty St. Wooster, OH 44691 |
Williams County Court of Common Pleas, Probate Division | 419-636-1551 | Williams County Probate Court One Courthouse Square Bryan, OH 43506 |
Wood County Court of Common Pleas, Probate Division | 419-354-9230 | Wood County Probate Court One Courthouse Square Bowling Green, OH 43402 |
Wyandot County Court of Common Pleas Probate Division | 419-294-2302 | Wyandot County Probate Court 109 S. Sandusky Ave Upper Sandusky, OH 43351 |