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.