surety bond type
Court Surety Bonds
If a court has told you that you need to post a bond, you have probably never been here before. That is normal. Most people only encounter court bonds once or twice in a lifetime, usually when something important is on the line: an appeal, a probate estate, a guardianship, or a contested injunction. We have been writing court surety bonds since 1971, and we walk attorneys, executors, and individuals through this process every day.
If you already know what you need and want to move quickly, call us at 800-333-7800 or request a free quote. Many court bonds can be issued the same day once we have your court documents.
What Is a Court Bond?
A court bond is a surety bond that the court requires before someone can take a specific action in a legal proceeding. The bond is a written promise, backed by an insurance company called a surety, that the bonded party will follow the court’s rules and pay any losses if they do not. The court is protected. The other parties to the case are protected. The bonded party gets to move forward with the appeal, the appointment, or the requested order.
Three parties are always involved in a surety bond:
- Principal. The person who needs the bond and is bound by its terms.
- Obligee. The court (and the parties protected by the bond).
- Surety. The insurance company that issues the bond and stands behind the principal’s obligation.
If the principal fails to do what the court ordered, the surety pays the claim and then seeks repayment from the principal. That is why surety bonds are not the same as insurance. With a bond, the principal still owes the money. The surety is acting as a backstop for the court.
Court bonds minimize losses resulting from a court ruling or ensure compliance with court-mandated actions. They give judges, attorneys, and participants in legal proceedings the confidence that obligations will be met.
The Two Categories of Court Bonds
Court bonds split cleanly into two categories: judicial bonds and fiduciary bonds. Knowing which one you need is usually the first step.
Judicial bonds protect parties from financial loss caused by a court ruling or order. Most show up in active litigation: an appeal bond stays the enforcement of a judgment, an injunction bond protects the enjoined party if the order turns out to be wrongful, a release of attachment bond gets seized property back. The risk is tied to the case itself.
Fiduciary bonds are required when a court appoints someone to manage another person’s affairs, money, or property. The bond protects beneficiaries, wards, heirs, and creditors against mismanagement, theft, or breach of duty. These show up most often in probate and guardianship matters, but the category covers any court appointment that comes with a duty of care.
For a quick visual breakdown, our court bond infographic is a useful starting point. You can also browse our full lineup of fiduciary surety bonds.
Important note on appeal bonds: 100% collateral is required on every appeal bond we write. Collateral is typically wired to the surety company. An Irrevocable Letter of Credit (ILOC) from a U.S.-based bank is also accepted. We will walk you through the collateral process so there are no surprises.
How to Get a Court Bond
The process is more straightforward than most people expect. Here is how it works at SBA:
- Call us or request a quote. Tell us the bond type, the amount the court has ordered, and the state. If you are an attorney, give us the case name and number so we can pull together the bond form.
- Submit the application and court documents. We send a short application by email. For most fiduciary and probate bonds, we will need a copy of the court order or letters of appointment. For appeal bonds, we will need the judgment.
- Underwriting review. Court bonds vary widely in risk, so each one gets a careful look. Fiduciary bonds usually involve a credit check. Appeal bonds require 100% collateral, as noted above.
- Pay the annual premium and receive your bond. Once underwriting is approved and the premium is paid, we issue the bond. In most cases we can deliver it the same day or the next business day. Originals can be sent overnight if the court requires a wet-signature original.
How Much Does a Court Bond Cost?
Every court bond is priced individually. The premium depends on the bond type, the bond amount the court has set, and the applicant’s underwriting profile. Fiduciary bonds where the principal manages assets are typically underwritten on credit, financial strength, and the size of the estate. Appeal bonds are priced on the judgment amount and require full collateral, which lowers the risk to the surety.
Rather than guess at a number, call us at 800-333-7800 or request a free, no-obligation quote. We work with all of the top-rated surety carriers in the country and will find you the best rate available for your situation. Premiums are paid annually, in full, at issuance.
Why Court Bonds Matter
Court bonds keep the legal system moving. They give judges a way to grant relief, such as staying a judgment, appointing an administrator, or issuing an injunction, while protecting the parties who could be harmed if that relief turns out to be wrong or mismanaged. Without bonds, courts would either deny those motions outright or require all-cash deposits, which most people cannot afford.
For attorneys, knowing how court bonds work in your jurisdiction is part of practicing efficiently. We have written court bonds in all 50 states, including the unusual ones: bonds in cap-statute states, bonds where the obligee is a specific judicial officer, and bonds with non-standard forms required by a particular court. If you have a question about a state-specific rule, we have probably handled it.
Frequently Asked Questions
How fast can I get a court bond?
Many court bonds can be issued the same day, especially fiduciary and probate bonds with standard forms. Appeal bonds take a little longer because of the collateral requirement, but we can typically have everything ready within one to three business days once collateral is wired.
Do I need to provide collateral for a court bond?
It depends on the bond. Most fiduciary, probate, and judicial bonds are written on a non-collateralized basis through standard underwriting. Appeal bonds always require 100% collateral. We will tell you upfront which category your bond falls into so there are no surprises.
Can I get a court bond with bad credit?
In most cases, yes. Some bonds are easier than others. Probate and guardianship bonds where the estate is modest can often be approved even with credit issues. Larger bonds or bonds that involve significant cash management may need additional documentation. Call us and we will tell you honestly what your options are.
What is the difference between a judicial bond and a fiduciary bond?
Judicial bonds protect parties from losses caused by a court ruling, such as an appeal that is later affirmed or an injunction that turns out to be wrongful. Fiduciary bonds protect the people whose interests the bonded individual is responsible for (heirs, wards, beneficiaries) by guaranteeing the fiduciary’s honest performance of duty.
Will the court accept any surety company?
Most courts require the bond to be issued by a surety listed on the U.S. Treasury’s Listing of Approved Sureties (Department Circular 570) or licensed by the state in which the bond is filed. We work only with carriers that meet these standards, so the bonds we issue will be accepted by every court we file in.
Do you write court bonds in every state?
Yes. We are licensed in all 50 states and have been writing court bonds since 1971. Whether you are dealing with a Texas probate court, a New York supersedeas requirement, or a federal injunction in any district, we can help.
How do I get started?
Call us at 800-333-7800 or request a free quote online. Have your court documents handy if you can. We will take it from there.
Ready to Get Your Court Bond?
You have a lot on your mind already. The bond should be the easy part. Surety Bond Authority has been writing court surety bonds since 1971, and we work with every major carrier in the country. We move fast, we explain things in plain English, and we treat attorneys and individuals with the same care.
Call us at 800-333-7800 or contact us and let’s get this handled.
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