Surety Bond for Guardianship in Missouri

The Court Won't Issue Your Letters Without a Bond

You can petition for conservatorship in Missouri, attend every hearing, and get a judge to sign the order of appointment — and still walk out without any legal authority. The probate division will not release Letters of Conservatorship until the designated fiduciary has filed the written Oath of Office and a court-approved corporate surety bond.

This requirement catches families off guard because guardians of the person do not ordinarily need a bond when no estate assets are under management. The bond obligation is associated with conservatorship — the fiduciary role responsible for managing the protectee's finances and assets.

When a Bond Is Required

Under Missouri probate law, every conservator must execute and file a court-approved corporate surety bond before entering the duties of office. The court fixes the bond amount, and the bond protects the ward's estate from mismanagement or embezzlement by guaranteeing that a third-party surety company will cover financial losses up to that amount.

The court fixes the bond amount, and the bond is procured at the ward's estate expense. Confirm the required amount and filing procedure with the probate clerk or attorney.

If your adult child's only income is SSI, you may not need a conservatorship at all — a representative payee designation through the Social Security Administration handles those funds without court oversight, annual settlements, or bond premiums. The Missouri Adult Guardianship & Alternatives Guide walks through this comparison in detail.

How Much Surety Bonds Cost

Bond premiums are ongoing annual expenses calculated as a percentage of the estate assets under the conservator's control. The typical rate runs approximately $100 annually per $10,000 of estate value.

Here's what that looks like in practice:

These premiums are paid every year for as long as the conservatorship remains active, reducing the assets available for the ward's care.

For families managing a special needs trust alongside the conservatorship, ask the court or bonding company which assets fall within the conservator's authority. This is one reason a limited conservatorship can sometimes reduce the amount under management.

How to Get a Surety Bond Posted

Corporate surety bonds are purchased through licensed surety companies or insurance agents, not directly from the court. The process works like this:

1. The judge signs the order of appointment and specifies the required bond amount
2. You contact a surety company to apply for the bond (your probate attorney can recommend one)
3. The surety company evaluates your personal credit history and financial background
4. Upon approval, you pay the first annual premium and receive the bond certificate
5. You file the bond certificate with the probate division along with your written Oath of Office
6. Only then does the court issue your Letters of Conservatorship

The credit check is the step that trips up some families. Surety companies are guaranteeing your financial management of someone else's assets, so they want evidence you can handle money responsibly. A bankruptcy, significant unpaid debts, or a very low credit score can make bonding difficult or expensive.

Guardians of the Person vs. Conservators

If you're petitioning only for guardianship of the person — authority over medical decisions, housing, and personal welfare — you do not ordinarily need a surety bond when no estate assets are under management. The bond requirement is tied to financial management authority.

This distinction matters for planning. Many families of young adults with disabilities need a guardian to manage healthcare decisions and consent to treatment, but the adult child's only income is SSI. In that scenario, you'd petition for guardianship of the person (no bond required) and set up a representative payee through the SSA for the SSI funds (also no bond, just federal reporting).

A conservatorship may be needed when the ward has significant assets beyond SSI — an inheritance, a settlement, real estate, or income from employment — that require active financial management and legal authority the representative payee designation doesn't cover.

The Annual Settlement Connection

The surety bond is just the beginning of the conservator's financial accountability chain. Every year, within 60 days of the anniversary of your appointment, you must file an Annual Settlement with the probate division. This detailed accounting documents every dollar received and spent on behalf of the protectee, backed by bank statements and receipts.

The probate court audits these settlements. Preparing them accurately often requires hiring an attorney or CPA, adding another layer of ongoing cost. Under RSMo § 473.153, Missouri's statutory fee schedule allows both the probate attorney and the personal representative to charge fees based on the value of the assets administered.

When families understand the full cost picture — bond premiums, annual settlement preparation, attorney fees, and the $30 annual administrative charge many counties assess — they're better positioned to evaluate whether a full conservatorship is the appropriate level of financial oversight or whether less restrictive tools like a representative payee, a durable power of attorney, or an ABLE account can meet their child's needs.

The Missouri Adult Guardianship & Alternatives Guide includes a complete cost comparison across all these options, with county-specific filing deposits and step-by-step instructions for each path.

See more Missouri guides →