34-1-105 - Bond. - Tennessee Statutes

34-1-105. Bond.

(a)  (1)  Except as otherwise provided in subsection (b), bond shall be required of the fiduciary in an amount equal to the sum of the fair market value of all personal property and the amount of the anticipated income from all property, including the real property, for one (1) year. If the surety for the bond is posted by a corporate surety, the amount of the surety shall equal the amount of the bond. If the surety for the bond is posted by pledging property, the value of the unencumbered property posted shall be equal to one hundred fifty percent (150%) of the bond.

     (2)  If the property pledged to secure the bond is personal property, the property shall be delivered to the clerk for safekeeping. If the property pledged to secure the bond is real property, notice of the pledge shall be recorded in the register's office of the county in which the real property is located.

     (3)  The bond shall be renewed annually by the fiduciary. The court may adjust the amount of required bond to reflect changes in the value of the property of the minor or disabled person. The surety's liability under the bond shall not be cumulative and shall not exceed the amount of the bond in force at the time of default.

(b)  In the discretion of the court, bond may be excused if the court makes a finding, which finding shall be stated in the order, that the requirement of bond would be unjust or inappropriate in that case and that one (1) of the following exists:

     (1)  The fiduciary is a financial institution excused from the requirement of bond under § 45-2-1005;

     (2)  The total fair market value of the minor's or disabled person's non-real estate property does not exceed the sum of ten thousand dollars ($10,000) and the court finds the benefit to the ward by saving the expense outweighs the risks incident to the absence of a bond;

     (3)  The document naming the suggested or preferred fiduciary excuses the fiduciary from posting bond;

     (4)  The property of the minor or disabled person is placed with a financial institution and the fiduciary and the financial institution enter into a written agreement, filed with the court, in which the financial institution agrees it will not permit the fiduciary to withdraw the principal without court approval;

     (5)  The property of the minor or disabled person is deposited with the clerk and master or clerk of the court; or

     (6)  The fiduciary is appointed fiduciary over the person of the minor or disabled person but has not also been appointed as fiduciary over the person's estate.

[Acts 1992, ch. 794, § 6; T.C.A. § 34-11-105.]