DE-142/DE-111(A-3d) Waiver of Bond by Heir or Beneficiary
NOTICE: READ PARAGRAPHS A–G BEFORE YOU SIGN
1.
I have read and understand paragraphs A through G above.
I understand that before signing this form, I am free to consult with a lawyer of my choice concerning the possible
consequences to me of waiving bond.
I understand that I do not have to waive bond to allow the estate administration to begin or proceed, or to receive my
share of the estate.
I WAIVE the posting of bond in this estate by (name of personal representative): .
2.
3.
Form Adopted for Mandatory Use
Judicial Council of California
DE-142/DE-111(A-3d) [New January 1, 2015]
Probate Code, § 8481
www.courts.ca.gov
WAIVER OF BOND BY HEIR OR BENEFICIARY
(Probate—Decedents Estates)
B.
C.
D.
WAIVER OF BOND BY HEIR OR BENEFICIARY
to Petition for Probate* Attachment 3d
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.:
FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
ESTATE OF (Name):
, DECEDENT
CASE NUMBER:
DE-142/DE-111(A-3d)
A.
E.
A bond is a form of insurance to replace assets that may be mismanaged or stolen by the executor or administrator (the estate's
personal representative). The cost of the bond is paid from the assets of the estate.
A bond may not be required if the decedent's will admitted to probate waives a bond and the court approves.
If the decedent's will does not waive bond, or if the decedent died without a will, the law ordinarily requires the personal
representative to give a bond approved and ordered by the court. However, all persons eligible to receive a share of the estate
may waive the requirement of a bond. If they all waive bond and the court approves, the personal representative will NOT have
to give a bond.
If bond is not ordered by the court, and the estate suffers loss because the personal representative fails to properly
perform the duties of the office, the loss or some part of it may not be recoverable from the personal representative.
If so, your share of the estate may be partially or entirely lost.
You may waive the requirement of a bond by signing this form and delivering it to the petitioner for appointment of a personal
representative or to the petitioner's attorney. Your waiver cannot be withdrawn after the court appoints the personal representative
without requiring a bond. However, if you sign a waiver of bond, you may later petition the court to require a bond.
A guardian ad litem or other legal representative with specific authority under law to waive bond must sign for a minor, an
incapacitated person, an unascertained beneficiary, or a designated class of persons who are not ascertained or not yet in being.
See Judicial Council forms DE-350 and DE-351 and Probate Code section 1003.
If you do not understand this form, do not sign it until you have asked a lawyer (who is independent of the lawyer for the
proposed personal representative) to explain it to you.
F.
(SIGNATURE)
Date:
(TYPE OR PRINT NAME OF BENEFICIARY (AND AUTHORIZED
SIGNER, IF BENEFICIARY IS NOT AN INDIVIDUAL))
*(This form may be filed as a standalone form (as form DE-142) or as Attachment 3d(2) (will) or Attachment 3d(3) (intestacy) to the Petition for Probate (form DE-111) (as form DE-111(A-3d).)
of
Page
WAIVER
4.
G.
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