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West Virginia bonds

West Virginia — Probate Bond (Conservator/Guardian Of An Incompetent)

Asked to provide a West Virginia bond as conservator or guardian for a protected adult? Use the appointment and court-directed amount to start the RLI application.

Also known as West Virginia Probate Bonds

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Recorded state
West Virginia
Category
Court, probate & fiduciary

What this bond does

The bond secures duties under the adult's conservator or guardian appointment. West Virginia law treats guardian and conservator bonding differently, so use the role named in the actual order.

Who needs it
The appointed or proposed conservator or guardian required to provide security in the protected adult's proceeding. This is separate from an executor administering a deceased person's estate.
Who it protects
Section 44A-1-9 provides for bond actions for the benefit of the protected person, their estate or its beneficiaries when a bond condition is breached. The bond's actual conditions define the obligation.

Your bond option

This is the option on record for this bond.

The bond amount describes the limit of the bond obligation, not the price. A listed amount does not establish what the requesting party requires. The premium is what you pay and must be confirmed for the actual option. An E&O limit, where listed, is separate errors and omissions insurance.

Follow the order for your particular role

Section 44A-1-9 gives the court discretion over a guardian's bond and directs conservator bonding subject to stated exceptions. It also lets the court set the amount and form and later modify the security.

Use the protected person's name and the capacity stated in the court papers when applying. A personal-care responsibility and financial management should not be entered as the same role unless that is what the appointment provides.

Sources

Have these ready

  1. Have the protected adult's name, court and case number available.
  2. Gather the appointment and bond order so you can enter the correct legal applicant and capacity.
  3. Keep the required sum and form ready; available information about controlled assets and income may help with the application.
  4. After issuance, arrange execution and submission of proof as directed by the court. Starting the application does not satisfy that submission.

Questions about this bond

Does every guardian have the same bond requirement?

No. Section 44A-1-9 distinguishes guardian discretion from conservator bonding and includes exceptions. Follow the order in the protected adult's case.

Is this the West Virginia executor bond?

No. This offering identifies a conservator or guardian of a living adult. Deceased-estate administration has a separate offering.

Does the bond amount stay fixed throughout the appointment?

The statute permits the court to order additional bond or reduce it. Use the current direction rather than assuming the original amount always remains sufficient.

Where do I start?

Select Purchase Now to open RLI in a new tab through The Southern Agency. Application review, issuance and court submission are separate; check the issued document and follow the order's timing and filing directions.

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