COURT BONDS

COURT BONDS

A court bond is an umbrella term for the different types of surety bonds a court may require during legal proceedings. Court bonds protect against loss caused by the bonded party’s actions — an appellant who doesn’t pay a judgment, a fiduciary who mismanages an estate or trust, or a party who wrongfully holds someone else’s property. They also protect the integrity of the court process itself.

American Surety Bonds Agency underwrites court bonds for appellants, executors and administrators, conservators and guardians, trustees, VA-appointed fiduciaries, and parties recovering property through replevin — including Appeal Bonds, Conservator/Guardian of an Incapacitated Adult Bonds, Conservator/Guardian of a Minor Bonds, Executor/Administrator Bonds, Probate Surety Bonds, Replevin Bonds, Special Needs Trust Bonds, Supersedeas Bonds, and VA Fiduciary Bonds.

Each bond type has its own requirements, underwriting factors, and application — select the bond type that matches your situation below for details and to apply.

If you already know your bond type, select it below. If you’re not sure, here’s a quick guide based on your role in the case:

• Appealing a judgment or need to stay enforcement while you appeal → Appeal Bond or Supersedeas Bond
• Appointed to manage an incapacitated adult’s affairs → Conservator/Guardian of an Incapacitated Adult Bond
• Appointed to manage a minor’s affairs → Conservator/Guardian of a Minor Bond
• Named executor or administrator of an estate → Executor/Administrator Bond
• Involved in any probate matter and unsure which specific bond applies → Probate Surety Bonds
• Recovering possession of property before final judgment → Replevin Bond
• Serving as trustee of a special needs trust → Special Needs Trust Bond
• Appointed by the VA to manage a veteran’s benefits → VA Fiduciary Bond

While specific requirements vary by bond type, underwriters generally evaluate:

• The type and amount of bond required
• The applicant’s personal or business credit history
• Net worth and available assets
• Years in business or experience in the fiduciary role, if applicable
• Prior claims history
• The specific obligation the court, obligee, or governing statute requires the bond to guarantee

Court bond premiums are individually underwritten — there’s no single flat rate across all court bonds, since the bond type, bond amount, and applicant’s financial profile all vary case by case. At American Surety Bonds Agency, we work with a wide array of markets — from preferred clients to non-traditional clients and everyone in between — to help find the right rate for your specific bond. Select your bond type below for details.

Each court bond type has its own application and underwriting requirements. Select your specific bond type below, then use that bond’s Quick Apply link to get started. Once we receive your application, our underwriting team reviews your case details and financial information, and works with you to finalize your bond and next steps.

Required when the losing party in a civil case wishes to appeal to a higher court. In many jurisdictions this term is used broadly to cover any bond required to pursue an appeal, including one that guarantees payment of appeal costs. Also known as Bond on Appeal, Cost Bond, Stay Bond, or Bond for Costs on Appeal.

Protects an incapacitated adult’s assets from mismanagement or fraud by their court-appointed conservator or guardian. Required by the probate court overseeing the adult’s care and estate.

Protects a minor’s assets and interests from mismanagement or fraud by their court-appointed guardian. Required by the court overseeing the minor’s estate until they reach adulthood.

Guarantees that the person appointed to settle a deceased person’s estate — as named in a will (executor) or appointed by the court (administrator) — manages that estate faithfully and according to law.

An overview of the court bonds required across probate matters — executor/administrator, conservator, guardianship, and special needs trust bonds are all types of probate surety bonds. Start here if you’re not sure which specific bond applies to your case.

Helps attorneys secure administrator, executor, conservator, and guardianship bonds on behalf of clients, by state.

Allows a party with a legal claim to specific personal property — such as a lender repossessing collateral — to recover possession of that property before the court issues a final judgment in the case.

Required of the trustee managing a special needs trust, guaranteeing the trust’s assets are used properly for the beneficiary’s benefit without jeopardizing their eligibility for public assistance programs.

Where courts distinguish it from a general appeal bond, a supersedeas bond specifically stays (pauses) enforcement of the judgment being appealed, guaranteeing payment of the judgment, costs, and interest if the appeal is unsuccessful.

Required from a fiduciary the Department of Veterans Affairs appoints to manage VA benefits for a veteran or other beneficiary who can’t manage their own affairs. Also known as a VA Custodian Bond.

Contact American Surety Bonds Agency toll-free at (877) 201-8976 or our Atlanta office at (404) 486-2355. Our team can help you determine which court bond applies to your situation and walk you through the application process.