Formal Qualification Process
Formal Qualification Appointment Requirements
- The signed Order of Appointment, if appointed by the Judge
- The original Last Will and Testament, if qualifying as Testamentary Guardian
- The dollar value of the personal assets in the estate of the Minor.
- The fair market value of real estate of the Minor.
- If bond with surety is required by the Court Order, the surety bond company must attend your scheduled appointment to sign the surety bond.
- You may bring the completed Information form for a Guardian (PDF).
- Check, cash or credit card (PDF) to pay fees calculated during the qualification appointment. Fees are based upon the value of the estate.
Bond with Surety
A surety bond is a guarantee by a third party (usually an insurance or bonding company) that a Guardian will properly account for all money and property owned by the minor and that the Guardian will discharge his/her Guardian duties as required by law.
Obtaining a Bond with Surety
The Probate Division cannot recommend any bonding company; however, here is a link to a list of local bond companies (PDF) that write surety bonds in Loudoun County.
Why do I need a bond?
A bond is a guarantee that you will perform your Guardianship duties as required by law. The Court Order of Appointment or the Clerk will set the amount of the bond and govern whether the bond is with or without surety.
Steps Involved in the Qualification Process
You will take an Oath of Office as Guardian and you will sign the Bond. You will also pay the required qualification fees. The Probate Clerk handling your qualification process will then explain your duties and responsibilities as Guardian. At the end of the qualification process, you may receive some or all of the following:
- Inventory Form (PDF)
- Account Summary Form (PDF)
- Instructions and Duties of a Guardian (PDF)
- Important Deadlines to Remember (PDF)
- Certificates of Qualification
After your formal qualification appointment, the Clerk will Record the following public documents:
- The Court Order of Appointment (if appointed by the Judge)
- The Probate Clerk's Order of Qualification
- The Bond
Also, after you have formally qualified, the Clerk will inform the Commissioner of Accounts of your Guardianship of the Estate of a Minor.