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Fiduciary Bonds
Bonding Companies and Agents
Company Name Agent Name Phone Email
Sam Winn Insurance Sam Winn 804-733-8373
William H Talley & Son Inc. William H Talley V 804-733-2011   
Wells Realty & Insurance Co W Courtney Wells 804-748-0003  
Irby Insurance Agency Inc Richard W Cobbs 434-292-3880 
Ford & Thomas Tyler W Hancock 804-266-7696
Wm. L Harrison Insurance Agency Fred A Zehrer 804-520-1040
Dyeco Insurance Company Kevin Perry 804-675-4300
Invincia Insurance Solutions  Steven D Moore 804-751-0600

The person appointed as an executor or administrator must give bond before entering upon his/her duties. A bond is a certificate or evidence of a debt with a sum fixed (value of the estate) as a penalty which contains a written agreement binding the parties to pay the penalty. It contains a condition however that the payment of the penalty may be avoided by the performance by one or more of the parties of certain acts.

Secured or Unsecured
The bond can be unsecured. If the decedent’s will states that the personal representative shall serve “without bond”, "requiring no security” or “waiving bond” then security is not required. For other circumstances see Virginia Code §§ 64.1-121, 26-4 and 6.2-1003.

If neither the will nor Virginia law waive security on a bond, surety will need to be posted on the bond. Surety has the effect of insuring the bond should it become payable. Most often surety or security is obtained through a bonding company. The company must have the authority to execute bonds in this Court. A premium proportionate to the value of the estate is paid to the bonding company.

If the probate assets are more than $15,000.00 and the person is a non-resident or if there are other heirs, they will need to post a surety bond. A surety bond may also be required if the person qualifying is a Virginia resident, but there is a will which does not waive the need for the surety bond or if there is no will and the person qualifying is not the sole heir. If a surety bond is needed, arrangements will need to be made with a bonding company before coming in to probate the estate. A bonding agent would attend the probate meeting.

Real estate is not included in the bond for an administrator because an administrator does not have the power to sell real estate. If surety is waived, take amount of personal property and double to set bond amount. If surety is required, bond amount should be at least equal to amount of personal property.

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