Prob. Code, § 2320 · Article 3. Bonds of Guardians and Conservators
Prob. Code, § 2320
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Except as otherwise provided by statute, every person appointed as guardian or conservator shall, before letters are issued, give a bond approved by the court.
(b) The bond shall be for the benefit of the ward or conservatee and all persons interested in the guardianship or conservatorship estate and shall be conditioned upon the faithful execution of the duties of the office, according to law, by the guardian or conservator.
(c) Except as otherwise provided by statute, unless the court increases or decreases the amount upon a showing of good cause, the amount of a bond given by an admitted surety insurer shall be the sum of all of the following:
(1) The value of the personal property of the estate.
(2) The probable annual gross income of all of the property of the estate.
(3) The sum of the probable annual gross payments from the following:
(A) Part 3 (commencing with Section 11000) of, Part 4 (commencing with Section 16000) of, or Part 5 (commencing with Section 17000) of, Division 9 of the Welfare and Institutions Code.
(B) Subchapter II (commencing with Section 401) of, or Part A of Subchapter XVI (commencing with Section 1382) of, Chapter 7 of Title 42 of the United States Code.
(C) Any other public entitlements of the ward or conservatee.
(4) On or after January 1, 2008, a reasonable amount for the cost of recovery to collect on the bond, including attorney’s fees and costs. The attorney’s fees and costs incurred in a successful action for surcharge against a conservator or guardian for breach of his or her duty under this code shall be a surcharge against the conservator or guardian and, if unpaid, shall be recovered against the surety on the bond. The Judicial Council shall, on or before January 1, 2008, adopt a rule of court to implement this paragraph.
(d) If the bond is given by personal sureties, the amount of the bond shall be twice the amount required for a bond given by an admitted surety insurer.
(e) The Bond and Undertaking Law (Chapter 2 (commencing with Section 995.010) of Title 14 of Part 2 of the Code of Civil Procedure) applies to a bond given under this article, except to the extent inconsistent with this article.
Notes and commentary — not statutory text
History
Amended by Stats. 2007, Ch. 553, Sec. 15. Effective January 1, 2008.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=2320.
- Text hash
- sha256 f4990cb2b4bc1eb4a78e8c03418a668ead02dcd2a940f782d9829a2ae877a52e
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Civil Procedure
Cited by 8 provisions
Provisions in this library whose text cites Prob. Code, § 2320. Each shows the citation as that text prints it.
Probate Code
California Rules of Court
- Cal. Rules of Court, rule 7.204Duty to apply for order increasing bondPrinted as Probate Code section 2320(c)(3)
- Cal. Rules of Court, rule 7.207Bonds of conservators and guardiansPrinted as Probate Code section 2320(c)(3) | Probate Code section 2320(c)(4)
- Cal. Rules of Court, rule 7.903Trusts funded by court orderPrinted as Probate Code section 2320
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.