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MMBONDING
California Superior Court, probate division

California Guardianship Bond

Appointed guardian of a minor's estate? The court requires a bond before you can manage the child's money, and it will be larger than the assets themselves: rule 7.207 adds a cost-of-recovery amount on top. Here is how the figure is built, and how to bring it down.

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Key facts
Bond amount
Set by the court under Cal. Rules of Court, rule 7.207
Authority
California Superior Court, probate division
Statute
Cal. Rules of Court, rule 7.207; Prob. Code §2320(c)(4)

The premium is a percentage of the bond amount, set by underwriting. The figures above are the bond amounts, not what you pay.

Illustration for the California Guardianship Bond

What it is

A guardianship bond guarantees that a guardian of a minor's estate manages the child's money and property honestly and in the child's interest. Cal. Rules of Court, rule 7.207 requires it of every guardian of the estate, and sets the amount from the value of the personal property plus the probable annual income and gross payments, plus a cost-of-recovery amount under Prob. Code §2320(c)(4). That last component is why the bond comes out higher than the assets it protects.

Guardian of the person, or of the estate?

Only a guardian of the estate posts this bond. California separates guardianship of the person, which is care and custody of the child, from guardianship of the estate, which is control of the child's money and property. One person often holds both, but the bond attaches to the estate role. If you were appointed guardian of the person alone, there is no bond to post.

Who needs it

  • Court-appointed guardians of a minor's estate
  • Guardians who hold both roles, for the estate side of the appointment
  • Guardians receiving a settlement or inheritance on a minor's behalf

Bond amounts and requirements are general guidance and can change. Confirm the current requirement with the listed agency before you file. We will quote your exact bond.

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Questions

Guardianship Bond FAQs

What is a guardianship bond?
A guardianship bond guarantees that a guardian of a minor's estate handles the child's assets honestly. It protects the minor, and the court requires it under Cal. Rules of Court, rule 7.207 before you take control of the money. If the guardian misapplies the funds, the minor can recover against the bond, and the surety then looks to the guardian.
Do I need a bond if I am only guardian of the person?
No. The bond requirement falls on the guardian of the estate, the role that controls the child's money and property. Guardianship of the person, meaning custody and care, carries no bond. Many appointments cover both, in which case the estate side is what the court bonds.
How much is a guardianship bond?
More than the assets, which surprises most guardians. Cal. Rules of Court, rule 7.207 takes the value of the minor's personal property plus the probable annual income and gross payments, then adds a cost of recovery under Prob. Code §2320(c)(4): 10% up to and including $500,000; 12% above $500,000 up to and including $1,000,000; 2% above $1,000,000. That addition covers attorney's fees and costs of collecting on the bond if it is ever needed.
Why is the bond larger than the child's estate?
Because the court bonds the cost of enforcement as well as the assets. If a guardian has to be pursued, recovering the money costs legal fees on top of the sum taken, so Cal. Rules of Court, rule 7.207 builds that in. A $400,000 estate therefore carries a bond in the region of $440,000 once the ten per cent band is applied.
Can I lower the guardianship bond?
Often, by blocking the money. Cash or securities placed in a blocked account, reachable only by court order, are not exposed to the guardian, and courts reduce the bond accordingly: the same principle Prob. Code §8483 applies in decedents' estates. For a minor holding a settlement that will simply sit until majority, this is usually the cheapest route.
Who pays the guardianship bond premium?
The minor's estate, in the ordinary course, as a cost of administering the guardianship rather than a personal expense of the guardian. The premium is an annual figure, a small percentage of the bond amount. Our court bond cost guide sets out the scale.
When does a guardianship bond end?
Usually when the minor turns eighteen and the guardianship of the estate terminates, but not automatically: the bond runs until the court settles your final account and discharges you. Until that order, it renews and charges premium each year, so filing the final account promptly is what actually stops the cost.
What is the difference between a guardianship and a conservatorship bond?
The age and capacity of the person protected. A guardianship covers a minor; a conservatorship covers an adult who cannot manage their own affairs. The bond rule and the amount calculation are the same for both. The petitions, the medical evidence and the court's ongoing supervision differ substantially.
Court & Probate

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