Legal Question in Wills and Trusts in North Carolina

Re: Court clerk requesting bond from exutier of will

It is common for a court to require bond if the personal representative (executor) is from out of state. I am assuming that your brother is not a resident of NC. All California courts in which I have appeared do the same, and will require a bond for any out of State executor or personal representative. The rationale I am sure is an issue of personal jurisdiction, which the NC court does not have over your brother. There may be ways to reduce the bond, depending on what constitutes the $260,000 of assets. Sometimes, the bond gives the executor the power to do certain things without court approval, and therefore may, in fact, be a less expensive alternative. Since the issues are ones of that state, it is best to contact an attorney in NC, or even the bonding company to see if there are other options available.