Section 15602 Of Article 1. General Provisions From California Probate Code >> Division 9. >> Part 3. >> Chapter 1. >> Article 1.
15602
. (a) A trustee is not required to give a bond to secure
performance of the trustee's duties, unless any of the following
circumstances occurs:
(1) A bond is required by the trust instrument.
(2) Notwithstanding a waiver of a bond in the trust instrument, a
bond is found by the court to be necessary to protect the interests
of beneficiaries or other persons having an interest in the trust.
(3) An individual who is not named as a trustee in the trust
instrument is appointed as a trustee by the court.
(b) Notwithstanding paragraphs (1) and (3) of subdivision (a), the
court may excuse a requirement of a bond, reduce or increase the
amount of a bond, release a surety, or permit the substitution of
another bond with the same or different sureties. The court may not,
however, excuse the requirement of a bond for an individual described
in paragraph (3) of subdivision (a), except under compelling
circumstances. For the purposes of this section, a request by all the
adult beneficiaries of a trust that bond be waived for an individual
described in paragraph (3) of subdivision (a) for their trust is
deemed to constitute a compelling circumstance.
(c) If a bond is required, it shall be filed or served and shall
be in the amount and with sureties and liabilities ordered by the
court.
(d) Except as otherwise provided in the trust instrument or
ordered by the court, the cost of the bond shall be charged against
the trust.
(e) A trust company may not be required to give a bond,
notwithstanding a contrary provision in the trust instrument.