Arkansas Guardianship Bond Requirements and Act 326 Changes

What Changed Under Act 326 of 2023

Act 326 of the 2023 Regular Session fundamentally restructured the bonding requirements for guardians and personal representatives in Arkansas. Before Act 326, A.C.A. § 28-48-201 used mandatory "shall take" language — courts were required to demand a bond. Act 326 replaced this with discretionary "may require" parameters, giving judges the authority to evaluate each case individually.

The Act also repealed § 28-48-203 (governing sureties) and removed various automatic bond dispensations under § 28-48-206. Because A.C.A. § 28-65-215(d) cross-references these probate bond provisions, the changes directly affect how courts evaluate bond requirements for guardians of the estate.

In practice, a guardian can no longer rely on an automatic statutory waiver. Be prepared to obtain a surety bond if the judge requires one; the court's order controls whether a bond is required and its amount.

When Bonds Are Required

Guardian of the estate. The court may require a surety bond when the guardian manages the ward's financial assets, so be prepared to obtain one. The bond acts as an insurance policy protecting the ward against financial mismanagement, theft, or fraud. If the guardian fails to manage the estate properly, the bonding company pays damages up to the bond amount, then seeks recovery from the guardian.

Guardian of the person only. Any bond for a guardian of the person alone may not exceed $1,000, and the court may dispense with it. The court's order controls whether a bond is required.

Discretionary factors judges consider:

• The total value of the ward's estate
• Whether the ward has income from government benefits, trust distributions, or employment
• The guardian's financial history and relationship to the ward
• Whether any interested party objects to the appointment or raises concerns about financial management
• Whether co-guardians or professional fiduciaries are involved

How Much Bonds Cost

A typical guardian bond in Arkansas costs around $50 per year for $8,000 of coverage. The premium scales with the bond amount, which the court sets based on the estimated value of the ward's liquid assets plus expected annual income.

Costs to expect:

• Annual premium — paid to a corporate surety company (insurance company licensed to write bonds). The premium varies by the surety company and the bond amount.
• Paid from the ward's estate — bond premiums are a legitimate guardianship expense charged against the ward's assets, not the guardian's personal funds.
• Reviewed at each accounting — the court inquires into the sufficiency of the bond at every accounting and may require a new or additional bond if needed.

The Bond Filing Process

Before the court issues Letters of Guardianship (Form 29), the newly appointed guardian must execute the Guardian's Bond (Form 27) if the court requires one. The process:

1. Contact a corporate surety company licensed to do business in Arkansas. The Circuit Clerk's office can often provide a list of local bonding companies.
2. The surety company will evaluate the guardian's creditworthiness and the bond amount. For family guardians with clean financial histories and modest ward estates, approval is typically straightforward.
3. Complete Form 27 with the surety company's information and file it with the Probate Division.
4. When a bond is required, the court clerk will not issue Letters of Guardianship until the bond is accepted and on file.

When Bond Requirements Can Be Waived

Even after Act 326, the court — not the parties — decides whether to dispense with a bond. Possible factors to raise with the court include:

• The ward has no assets beyond government benefits (which are managed through the representative payee system, not the guardianship)
• The petition is for guardian of the person only, with no estate authority
• All interested parties consent to waiving the bond in writing
• The estate is minimal and the guardian is a close family member with no adverse financial history

If you are filing a guardianship petition and believe a bond waiver is appropriate, raise it with the court explicitly. Do not assume the judge will waive the bond — address it in the petition or at the hearing.

The Arkansas Adult Guardianship & Alternatives Guide includes a county fee worksheet that covers bond costs alongside filing fees, certified copy charges, and other expenses, so families can estimate total guardianship costs before filing.

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