Rule 9.020.Approval of Bonds
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 9.020
Plain-English Summary
A fiduciary in an Oregon probate or protective proceeding normally posts a bond measured against what the estate holds. This rule covers the case where the bond asked for is smaller than the aggregate value of the property the petition discloses. When that happens, someone has to explain why, in a sworn writing.
The affidavit must be signed by the guardian, the conservator, the personal representative, or the attorney of record, and filed with the request. If the petition for appointment already carries a statement making the same showing, that satisfies the rule and no separate affidavit is needed.
Later requests work the same way but travel differently. Once the case is open, ask by motion with a supporting affidavit, or fold the request into an accounting. Either way, the proposed order on the motion or the proposed order approving the accounting has to include the change in bond amount, so the record shows on its face what the bond now is.
Frequently Asked Questions
What do I file if I want the bond set below the value of the estate?
File a supporting affidavit with the request. It has to be signed by the guardian, the conservator, the personal representative, or the attorney of record, and it should set out why a bond smaller than the aggregate value of the property disclosed in the petition is enough.
Can I handle this in the petition for appointment instead of filing a separate affidavit?
Yes. The rule says the requirement may be satisfied by a statement in the petition for appointment. If the petition itself makes the showing, a second document is unnecessary.
How do I ask the court to change the bond later in the case?
Use a motion with a supporting affidavit, or make the request inside an accounting. The rule allows both routes for a subsequent request to approve a bond in an amount less than the aggregate value of the property of the estate.
Does the proposed order have to mention the bond amount?
Yes. Whether the request comes by motion or in an accounting, the proposed order must include the change in bond amount. An order that grants the request but stays silent on the new figure does not meet the rule.
Does this rule reach conservatorships as well as decedents' estates?
The signers the rule names are the guardian, the conservator, the personal representative, and the attorney of record, so it reaches protective proceedings and decedents' estates alike. The measure is the same in both: the aggregate value of the property in the estate as the petition discloses it.