Ohio Rev. Code » Chapter 2109
Ohio Revised Code

Ohio Rev. Code § 2109.04 (2026)

Bond

✓ current as of May 2026
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Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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(A)(1) Unless otherwise provided by law, order, or local rule, every fiduciary, prior to the issuance of the fiduciary's letters as provided by section 2109.02 of the Revised Code, shall file in the probate court in which the letters are to be issued a bond with a penal sum in an amount that is fixed by the court, but in no event less than double the probable value of the personal property and of the annual real property rentals that will come into the possession or under the control of the person as a fiduciary. The bond of a fiduciary shall be in a form approved by the court and signed by two or more personal sureties or by one or more corporate sureties approved by the court. It shall be conditioned that the fiduciary faithfully and honestly will discharge the duties devolving upon the person as fiduciary, and shall be conditioned further as may be provided by law.

(2) Except as otherwise provided in this division, if the instrument creating the trust dispenses with the giving of a bond, the court shall appoint a fiduciary without bond, unless the court is of the opinion that the interest of the trust demands it. If the court is of that opinion, it may require bond to be given in any amount it fixes. If a parent nominates a guardian for the parent's child in a will and provides in the will that the guardian may serve without giving bond, the court may appoint the guardian without bond or require the guardian to give bond in accordance with division (A)(1) of this section.

(3) A guardian of the person only does not have to give bond unless, for good cause shown, the court considers a bond to be necessary. When a bond is required of a guardian of the person only, it shall be determined and filed in accordance with division (A)(1) of this section. This division does not apply to a guardian of the person only nominated in a parent's will if the will provides that the guardian may serve without giving bond.

(4) When the probable value of the personal property and of the annual real property rentals that will come into the possession or under the control of the guardian as a fiduciary is less than ten thousand dollars, the court may waive or reduce a bond required by division (A)(1) of this section.

(B) When an executive director who is responsible for the administration of children services in the county is appointed as trustee of the estate of a ward pursuant to section 5153.18 of the Revised Code and has furnished bond under section 5153.13 of the Revised Code, or when an agency under contract with the department of developmental disabilities for the provision of protective service under sections 5123.55 to 5123.59 of the Revised Code is appointed as trustee of the estate of a ward under sections 5123.55 to 5123.59 of the Revised Code and any employees of the agency having custody or control of funds or property of that ward have furnished bond under section 5123.59 of the Revised Code, the court may dispense with the giving of a bond.

(C) When letters are granted without bond, at any later period on its own motion or upon the application of any party interested, the court may require bond to be given in an amount that is fixed by the court. On failure to give that bond, the defaulting fiduciary shall be removed.

No instrument authorizing a fiduciary whom it names to serve without bond shall be construed to relieve a successor fiduciary from the necessity of giving bond, unless the instrument clearly evidences that intention.

The court that appoints a fiduciary may reduce the amount of the bond of the fiduciary at any time for good cause shown.

When two or more persons are appointed as joint fiduciaries, the court may take a separate bond from each or a joint bond from all.
Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1959–2025 · leading case: In Re Est. of Usiak, 874 N.E.2d 838 (Ohio Ct. App. 2007).
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In Re Est. of Usiak, 874 N.E.2d 838 (Ohio Ct. App. 2007). · cites it 5× “The journal entry misstates Ohio law and the court’s own local rules by saying that R.C. 2109.04 requires appellants to post a bond (it does not) and that Loc.”
In Re Hards, 885 N.E.2d 980 (Ohio Ct. App. 2008). “{¶ 35} “[5] The trial court erred in its holding that an appointment of a Probate Fiduciary by a prior Judge, where there has been no compliance with the threshold mandates of O.R.C. 2109.04, is a legal appointment of a guardian; it is not a legal appointment.”
In Re Frank, 910 N.E.2d 523 (Ohio Ct. App. 2009). · cites it 6× “” R.C. 2109.04(A)(1) and (2); Mont.Loe.R. 75(M).”
In re Guardianship of Dwyer, 2024 Ohio 2544 (Ohio Ct. App. 2024). · cites it 2× “{¶31} R.C. 2109.04 governs the removal of a fiduciary.”
Art v. Erwin, 918 N.E.2d 207 (Ohio Ct. App. 2009). “Plaintiffappellee, Ohio Casualty Insurance Company (“OCIC”), issued a bond that was filed with the probate court and conditioned upon Davis Erwin’s faithful and honest discharge of her duties as fiduciary pursuant to R.C. 2109.04. {¶ 5} At the time, Davis’s husband, Joseph…”
Saylers v. Salyers, 2025 Ohio 1605 (Ohio Ct. App. 2025). “” {¶32} Under R.C. 2109.04(A), the trial court observed that it was required to determine whether Derek’s filed Shared Parenting Plan was in the best interest of the child and determined that a shared parenting plan was in T.”
Winters Nat'l Bank & Trust Co. v. Ross, 169 Ohio St. (N.S.) 335 (Ohio 1959). · cites it 21× “14, Bevised Code, is nevertheless required, by reason of Sections 2109.04 and 2109.05, Bevised Code, to post a bond while acting as testamentary trustee where the will creating the trust is silent as to the necessity of a bond.”
In re Guardianship of Thomas, 2016 Ohio 7793 (Ohio Ct. App. 2016). “{¶ 18} The magistrate cited R.C. 2109.04 as authority for removing Stephanie Thomas as Jacqueline's guardian.”
Cincinnati Ins. Co. v. Citizens Home Sav., 488 N.E.2d 1255 (Ohio Ct. App. 1985). “Pursuant to R.C. 2109.04, she obtained a $44,000 bond from Cincinnati.”
— Ohio Rev. Code § 2109.04(A) — 2 cases
In Re Est. of Usiak, 874 N.E.2d 838 (Ohio Ct. App. 2007). “The journal entry misstates Ohio law and the court’s own local rules by saying that R.C. 2109.04 requires appellants to post a bond (it does not) and that Loc.”
Saylers v. Salyers, 2025 Ohio 1605 (Ohio Ct. App. 2025). “” {¶32} Under R.C. 2109.04(A), the trial court observed that it was required to determine whether Derek’s filed Shared Parenting Plan was in the best interest of the child and determined that a shared parenting plan was in T.”
— Ohio Rev. Code § 2109.04(A)(1) — 2 cases
In Re Est. of Usiak, 874 N.E.2d 838 (Ohio Ct. App. 2007). “The journal entry misstates Ohio law and the court’s own local rules by saying that R.C. 2109.04 requires appellants to post a bond (it does not) and that Loc.”
In Re Frank, 910 N.E.2d 523 (Ohio Ct. App. 2009). “” R.C. 2109.04(A)(1) and (2); Mont.Loe.R. 75(M).”
— Ohio Rev. Code § 2109.04(A)(2) — 2 cases
In Re Est. of Usiak, 874 N.E.2d 838 (Ohio Ct. App. 2007). “The journal entry misstates Ohio law and the court’s own local rules by saying that R.C. 2109.04 requires appellants to post a bond (it does not) and that Loc.”
In Re Frank, 910 N.E.2d 523 (Ohio Ct. App. 2009). “” R.C. 2109.04(A)(1) and (2); Mont.Loe.R. 75(M).”
— Ohio Rev. Code § 2109.04(C) — 1 case
In Re Frank, 910 N.E.2d 523 (Ohio Ct. App. 2009). “” R.C. 2109.04(A)(1) and (2); Mont.Loe.R. 75(M).”
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