Cibulk

Roy J. Cibulk, the executor and testamentary trustee of his wife Dorothy’s estate, appeals from a portion of the trial court’s order granting his Probate Code section 11640 petition for final distribution of her estate and waiver of a final account.

I

Pursuant to Dorothy’s testamentary trust, Roy is the trustee and lifetime beneficiary. At Roy’s death, Bank of America becomes the successor trustee and the trust assets will be distributed to Roy and Dorothy’s children, David and Nancy, and Roy and Dorothy’s then living grandchildren.

As part of his petition for final distribution, Roy sought to be excused from posting a trustee’s bond. He filed waivers executed by David, Nancy and their minor childrens’ guardian ad litem. The court granted the petition but required a $600,000 bond, “until [there is] a guardian of the estate and the guardian of the estate wants to [reduce or eliminate the bond].” Roy appealed the order granting distribution, challenging only that portion requiring the posting of a bond.

*692 II

A trustee bond is required when the court appoints an individual other than one named in the trust instrument, the trust instrument requires a bond, or the…