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DE-111(A-3e) Guidance: Waiver of Bond (California)

The DE-111(A-3e) Waiver of Bond form is used in California probate proceedings when heirs or other beneficiaries wish to waive the requirement for a bond by the personal representative. This allows estate administration to proceed without requirement for bond if all eligible recipients agree and the court approves. Jump to guide on filling it out.

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The information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.

Reviewed By

Jenna Zebrowski, JD, MBA
Attorney
Jenna Zebrowski is a JD/MBA graduate from Texas Tech University School of Law. After working in Mexico City for 3 years, she returned to the US and spent over a decade working in-house for large and small companies, including franchises, in a real estate leasing capacity, as well as in the mortgage and title industries. In private practice since 2019, Jenna is passionate about advocacy and protection for her clients’ rights, working collaboratively towards problem prevention, and solution, when necessary.

Tips for filling out form DE-111(A-3e)

When completing form DE-111(A-3e), pay special attention to these less obvious sections:

Item 1

Understanding Waiver

Before deciding to waive the bond, understand that this means the personal representative will not be required to post a financial guarantee against potential mismanagement of the estate's assets. This increases the risk of not recovering assets should mismanagement occur.
Item 2

Consult a Lawyer

It is imperative to consult with an independent lawyer (not associated with the estate's personal representative) who can advise you on the potential consequences of waiving the bond requirement. This form outlines potential risks, but professional legal advice is recommended to fully understand how it may impact your share of the estate.
Item 3

Consider Future Changes

Even if you sign now, remember that you may petition the court to require a bond if circumstances change. However, this might be more difficult once the personal representative is appointed without a bond. Weigh any future concerns before signing.
Item 4

Legal Representation

If you are signing on behalf of a minor or incapacitated person, ensure you have the legal authority to waive a bond as their guardian ad litem or other legal representative. Ensure that your authorization is well-documented.
Item G

Risk of Loss

Highlighting paragraph G, note that without a bond, the estate might suffer unrecoverable losses if mismanagement occurs. Evaluate the reliability of the proposed personal representative and your comfort with potential risks.

What to do after filing form DE-111(A-3e)

1
Verify that all required documents, including the Waiver of Bond (DE-111(A-3e)) and the Petition for Probate (form DE-111), have been submitted to the court.
2
Wait for the court to review the waiver and your Petition for Probate to ensure all procedural requirements are met.
3
Check the court’s calendar or website for the scheduled hearing date where the Petition for Probate will be reviewed.
4
Prepare for the probate hearing by gathering any additional documentation or evidence that may be needed to support the petition, if required by the court.
5
Await the court's order appointing the personal representative and confirming whether a bond will be waived as per your submitted waiver form.
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