When an individual goes to a probate lawyer to have a will drafted, the document will almost certainly waive the requirement of a probate bond . But in some cases, it is a requirement to obtain a probate bond in The Woodlands unless your probate lawyer successfully argues against it. When a probate bond is issued, its purpose is to offer protection to the heirs and creditors of the decedent specifically from the negligent or intentionally wrongful acts of the executor or administrator.
For example, an executor might decide to retain all of the funds in an estate for him- or herself instead of distributing them among the creditors and other heirs. The existence of a probate bond allows the creditors and heirs to recover the amounts they are entitled to despite this act of malfeasance. Although a probate bond seems to be desirable, in most situations it actually creates more problems than it solves. This is because obtaining a substantial probate bond can be costly and not everyone will be qualified to do so. The funds from the estate cannot be used to pay for the probate bond simply because these funds are inaccessible until the bond is already obtained.