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Learn How to Avoid Paying a Bond for Probate from this Recent Case and an Experienced Estate Lawyer

Uncategorized Dec 8, 2015
post about Learn How to Avoid Paying a Bond for Probate from this Recent Case and an Experienced Estate Lawyer

Are you currently about to serve as the personal representative of the  West Palm Beach estate? One thing about probate is unfortunately it could lead to Florida probate litigation. Estate lawyers in Florida know that under Florida law you may be required to post a bond to serve but there are ways around it. How do you get around the bond requirement for Florida probate?


  • Bonds are promises that are backed up with what counts, cold hard cash.
  • You can put a bond down in a number of ways.
  • Some people go to large insurance companies and buy what is called a surety bondwhile others throw down the cash on the table.
  • It is really up to you.
  • Bond requirements could be fatal to your case, ask any Florida trust lawyer.
  • Do not believe me?
  • Check out this recent case out of the Second District Court in Florida.

Oneal Inc. v. Duffy

  • This was a case where a bond was required to file the lawsuit.
  • Unfortunately for the plaintiff he did not have an experienced probate litigation attorney on his side that knew the rules.
  • As a result his case was dismissed for failure to file a bond.
  • Florida probate lawyers know that when the case is dismissed with prejudice you may have to appeal.
  • On appeal the case was brought back because it was not a fatal error.
  • Do you know how to get appointed personal representative without posting a bond.

Getting Around the Bond Requirement

  • Florida estate lawyers know that some personal representatives can serve without a bond.
  • How do you get that exemption though?
  • Probate attorneys Florida tend to put it in the will explicitly that the personal representative should not be required to post a bond.
  • Florida estate attorneys know that this is the easy way to get around that pesky bond requirement but are there others?

Want to learn more?

Check out the entire case by clicking here. 

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