Home Blog Bail Bonds What Happens to a Bail Bond If the Person Dies?
March 6, 2024 | Posted by jesse | Bail Bonds
The purpose of bail bonds is to encourage a defendant to attend their court date. Bail is paid to the court and only released once they complete their trial according to the bail terms.
However, what happens to a bail bond if a person dies? Sometimes, defendants and their co-signers don’t make it to the trial because of death due to disease, accidents, or crime.
So, after paying bail, if the accused dies, what happens to the bond? That’s the question we answer in this post.
Bail Bond and Death: Exploring the Consequences
When a defendant dies, legal officials recognize (thankfully) that they cannot attend court. For this reason, the courts cancel the bail.
Bail cancellation occurs upon the court receiving proof of death. A death certificate from a local or state registrar is sufficient in California.
Once you provide this proof, any collateral used for the bond will be returned. That’s because the defendant is no longer a flight risk.
For example, if a bail bond agent previously asked the defendant to put up their home as collateral to ensure that they could recover bail funds paid to the court, this asset will be returned to their estate.
However, the bail bond fee is not refundable. That’s because the payment contributes to the bail bond agency’s operations and compensates them for the risk of paying the bail. If the defendant had a credit agreement with a third party that enabled the payment of this fee, that lender would seek repayment from the estate.
Co-signing Bail Bonds: What if the Accused Dies?
What happens if you cosign someone’s bail bonds and they die? That depends on the nature of the contract with the bail bond agency.
Usually, co-signers are no longer responsible for providing surety regarding the original bail amount paid to the court. However, the terms of the agreement may state that they still need to pay their share of the non-refundable bail bond fee.
When the Co-signer of a Bail Bond Dies: What Happens?
The consequences of when the co-signer dies depend on the terms in the original bail bond agreement with the agency. Some contracts state that the co-signer’s estate becomes liable for fulfilling the obligations of the agreement after their death. Therefore, it can become a debt against their estate, reducing the equity any beneficiaries receive.
Terms could also state that responsibility for paying the bail bond moves to a “remaining co-signer.” For example, the defendant might take out a bail bond with two co-signers. If the first dies, responsibility for back-stopping the agreement passes onto the second.
Given the complexities of these issues, it is always best to consult with an attorney in the event of the death of a defendant or co-signer. Legal professionals can provide advice and help you chart a course forward.For more information on what happens to a bail bond if someone dies, talk to our team.
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FAQs
Bail cancellation occurs upon the court receiving proof of death. A death certificate from a local or state registrar is sufficient in California. Once you provide this proof, any collateral used for the bond will be returned. That's because the defendant is no longer a flight risk.
What happens if a bond dies? ›
A survivor is named on the bond(s)
If you are the named co-owner or beneficiary who inherits the bond, you have different options for paper EE or I bonds and paper HH bonds. If only one person is named on the bond and that person has died, the bond belongs to that person's estate.
How do bail bonds work in San Diego? ›
You pay a bond seller to post a bond (a certain sum of money) with the court, and the court keeps the bond in case you don't show up. You can usually buy a bail bond for about 10% of the amount of your bail; this premium is the bond seller's fee for taking the risk that you won't appear in court.
What happens to money posted in a bond? ›
In the USA: Bail is a form of surety bond. It is money that you give to the court, and they hold it for you until you appear for trial. If you appear when required, they give you your money back when the case is finished.
Do you get bail money back if charges are dropped in California? ›
Yes. Regardless of the outcome of the trial, any collateral used to secure the bond will be returned to you or the defendant in question.
What happens to bonds when someone dies? ›
In the event that premium bonds are kept invested, the executor or next of kin will become the new bondholder, and they will be eligible to win tax-free prizes in the prize draws just as the original bondholder was.
How to transfer bonds after death? ›
TO DISTRIBUTE BONDS TO THE PERSONS ENTITLED TO AN ESTATE:
The legal representative of the estate needs to complete a Request by Fiduciary for Distribution of United States Treasury Securities (FS Form 1455) showing distribution is being made to the person(s) entitled.
Can a bail bondsman enter your home in California? ›
In California, bail enforcement agents are allowed to carry firearms, enter your private property with a warrant, and use reasonable force to arrest you if necessary. Also, the state of Tennessee allows the bail bondsman to arrest the fugitive at any place within the state, including their home.
What happens if you don't pay a bail bondsman California? ›
In California, you won't go to jail for failing to pay fees associated with a bail bond. However, there are various financial repercussions for non-payment. First, lenders may use collection agents to recover lost money by sending bailiffs to your home or asking the courts to impose wage garnishments.
Where does bail money go in California? ›
If you paid cash bail instead, you will get your money back. But what happens if the defendant fails to appear in court? In this situation, the courts keep the money. It is distributed among the state, cities and counties using a formula that is given in the California Penal Code.
Do you get bail money back in USA? If you pay cash bail and make all your court appearances, you will get your bail money back. If you use a bail bondsman, however, you will not receive any of the money as this fee is non-refundable. Additionally, missing a court date will result in forfeiture of the bail money.
How does bond work money? ›
Bonds are issued by governments and corporations when they want to raise money. By buying a bond, you're giving the issuer a loan, and they agree to pay you back the face value of the loan on a specific date, and to pay you periodic interest payments along the way, usually twice a year.
How much is bail in California? ›
Bail Prices
In California, a bail bond generally costs 10%, which is mandated by law and set by the California Department of Insurance. The bail fee, or premium, is a non-refundable percentage of the total amount of the bail. Simply, if the bail amount is $10,000, the bail bond fee will be $1,000.
Can you revoke a bail bond in California? ›
The State of California gives you the opportunity to revoke bail if you want to, whether you posted cash bail or used other methods such as a bail bond to help pay for the full bail amount. However, revoking bail isn't something to do lightly. It's important to understand the process and the potential costs to you.
Can you leave California if you are out on bail? ›
90% of the time, you won't be allowed to move out of state while released on bail. There are extreme circ*mstances where permission may be granted, but you will still have to return to attend your court dates.
What happens if you skip bail in California? ›
Beyond new criminal charges for bail jumping, missing your court event can prompt the judge to revoke your bail. This essentially rescinds the prior opportunity for release from custody before trial. If bail is revoked due to a failure to appear, a warrant is also issued for your immediate arrest.
What happens when a bond fails? ›
Default risk is the possibility that a bond's issuer will go bankrupt and will be unable to pay its obligations in a timely manner if at all. If the bond issuer defaults, the investor can lose part or all of the original investment and any interest that was owed.
How do you reissue bonds due to death? ›
The surviving registrant needs to complete a Request To Reissue United States Savings Bonds (FS Form 4000). If Series HH bonds are being reissued, the surviving registrant must also complete Direct Deposit Sign- Up Form (FS Form 5396) for direct deposit of the interest payments.
Can I lose money if a bond is called? ›
An issuer will usually call the bond when interest rates fall. This calling leaves the investor exposed to replacing the investment at a rate that will not return the same level of income.
How to cash a savings bond if the person is deceased? ›
Cash savings bonds in a non-administered estate
- Fill out FS Form 5336.
- WAIT to sign until you are in the presence of a certifying official, as explained on the form.
- Get a certified copy of the death certificate for everyone who has died who is named on any of the bonds.
- Send us the. ...
- Mail the package to us at.
