Surety Bond Premiums Clarification

Summary

In California probate cases, exoneration of a bond usually means future premiums are not required, but past due premiums remain payable unless stated otherwise. A nunc pro tunc order might apply if theres a clerical error regarding bond premiums. Consulting a probate attorney in California is advisable for specific guidance.

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I am an indemnitor for a surety bond in a probate matter. The estate was closed on March *, *. Four years bond premium was not paid. the discharge said the bond was exonerated. does that mean that the 4 years premiums are exonerated or just any future perbiums?
Hi ****,
The term "exonerated" in this context generally means that the bond obligation is released. However, it typically applies to future premiums, not past due amounts. For your specific case in Arizona:
- **Future Premiums**: Likely exonerated.
- **Past Due Premiums**: Generally, still payable unless explicitly stated otherwise.
For more precise guidance, consulting with a probate attorney in Arizona is recommended.
I'm sorry, this is a California issue. Is that different?
Thank you for clarifying the location, ****.
In California, when a bond is exonerated in a probate matter:
- **Future Premiums**: Typically, no longer required.
- **Past Due Premiums**: Generally, still payable unless explicitly stated otherwise.
For precise guidance, consulting with a probate attorney in California is recommended.
Would a nunc pro tunc be applicable in this scenario?
Hi ****,
A nunc pro tunc order is used to correct a previous clerical error or to indicate that a judicial act should have been taken at an earlier time. In your situation, it might be applicable if there was a clerical error regarding the bond premiums. Consulting a probate attorney in California would be advisable to determine its applicability in your case.
Thank you.
You're welcome, ****. If you have any further questions or need more information regarding probate matters or bond premiums, feel free to ask!