Which of the following is true if the defendant surety is deceased?

• A. The court must dismiss the bond forfeiture lawsuit
• B. The case continues with substitution of a new surety
• C. The court may proceed without appointing a guardian
• D. The case is transferred to another jurisdiction

Answer: (A)

Bond forfeiture hinges on a living surety; the liability is attached to the person who posted the bond. When that surety dies, there is no longer a party who can be sued to recover the forfeited amount, so the court has no proper subject for the forfeiture action. Because there is no surviving surety to enforce or collect from, the case cannot proceed and must be dismissed. Substituting a new surety isn’t automatic in this scenario and would require a separate process to replace the deceased surety, which isn’t the same as continuing the forfeiture against a non-existent party. A guardianship is not relevant here, as guardians are for minors or incapacitated individuals, not a deceased surety, and transferring the case to another jurisdiction doesn’t address the absence of a viable surety.