Updated September 7, 2026. Quick answer: In California, california requires a bond of a personal representative unless the will waives the requirement, or all beneficiaries waive it in writing (the latter option unavailable if the will itself requires a bond); California does not use a UPC informal/supervised split.
Does California require an executor to post a bond?
California requires a bond of a personal representative unless the will waives the requirement, or all beneficiaries waive it in writing (the latter option unavailable if the will itself requires a bond); California does not use a UPC informal/supervised split.
“(a) A bond is not required in either of the following cases: (1) The will waives the requirement of a bond. (2) All beneficiaries waive in writing the requirement of a bond and the written waivers are attached to the petition”
Source: Cal. Prob. Code § 8481
Can the will waive it in California?
Yes. ‘A bond is not required… [if] the will waives the requirement of a bond.’
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Can the heirs or beneficiaries waive it in California?
Yes. ‘All beneficiaries waive in writing the requirement of a bond and the written waivers are attached to the petition for appointment of a personal representative,’ unless the will affirmatively requires a bond.
If a bond is required, how much?
When a bond is required, California sizes it at 100% of the estimated value of the personal estate plus expected annual income, per its own bond-amount statute.
“the amount of the bond shall be not more than the sum of the estimated value of the personal property…the probable annual gross income of the estate…and if necessary, the probable value of the real property”
Source: Cal. Prob. Code § 8482(a), (c)
What makes California different
California preserves a strong judicial backstop: even where the will and every beneficiary have waived bond, the court may still require one ‘for good cause’ on its own motion or any interested person’s petition; waiver never fully forecloses court-ordered bonding.
| Bond-requirement source | Cal. Prob. Code § 8481 |
| California courts (general reference) | California judicial branch |
| Confidence | High |
Every statute quoted on this page was read directly from the state’s own legislature/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; a probate court has final discretion over bond in every state; confirm your own case with the court or a local attorney before relying on the default described here.
Related: how long creditors have to file a claim against an estate in California.