Bonds are generally required in probate and guardianships unless the bond is waived by
a will in probate. 755 ILCS 5/12 et seq.
Bonds are routinely waived in wills because people usually wish for their estates to avoid
the expense of purchasing the bond, and because people usually trust the people whom they
appoint to be their executor.
The downside, if there is no bond, the beneficiaries or heirs may not be able to recover
their shares of the estate if the
Oath and Bond of Representative-Surety, Form CCP 312, and Oath and Bond of
Representative-No Surety, Form CCP 313.
The proposed representative must execute an oath of office affirming that he or she “will
faithfully discharge the duties of his office according to the law.” 755 ILCS 5/12-2. You may or
may not require a bond.
Upon appointment the representative must post bond in the amount of 1 ½ times the value
of the personal property in the estate, if a public surety company acts as surety, or 2 times the
value of the personal property if the an individual acts as surety. 755 ILCS 5/12-5.
You will want to have your client sign more than one copy of both forms at the time your
client signs the petition. If you have property in the estate, you will want to have your
bondsman issue the bond before you go to court. Otherwise you find yourself in the awkward
position of trying to chase down the bond and return it to the courtroom before everyone goes