Executor and Personal-Representative Bond Requirements by State
When must an executor or other personal representative post a probate bond, who may waive or demand it, how are the amount, security, and surety determined, and what happens if the bond is not filed?
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50 of 51 verified, 1 with no public source
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Every entry, oldest check August 29, 2026
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What this survey covers
This survey compares the qualification bond for an ordinary executor, administrator, or comparable personal representative. It follows the rule from the state's default through will and beneficiary waivers, interested-person or creditor demands, court discretion, amount, surety and collateral, special qualification rules, filing, letters, and the consequences of failing to post required security.
The default and the meaning of waiver vary
Alaska generally requires a filed bond but recognizes an express will waiver, written devisee or heir waivers, qualified corporate fiduciaries, and a statutory cash-or-collateral route. A sufficiently large estate interest or creditor claim can trigger a written demand, and failure to comply within 30 days is cause for removal. Alaska Stat. §§ 13.16.245-.265.
The District of Columbia also begins with bond unless the will or interested persons excuse it, protects a nonwaiving interest, recognizes a demand by a person or creditor over $1,000, and exempts specified banks and trust companies. The court fixes the penalty at no more than the probable maximum personal and District real property during administration and may reduce it for restricted assets. D.C. Code § 20-502.
Vermont is a different model: an executor or administrator must give a bond, the Probate Division sets the amount and may order sureties, and the filing precedes letters. A named executor who neglects the bond for 20 days may lose the office. 14 V.S.A. §§ 906, 909.
Amount and security are separate questions
Wyoming requires a bond before letters unless the will, a statute, or written distributee waivers apply. The ordinary penalty is at least the personal property plus probable annual rents, profits, and real-property issues, backed by two approved individual sureties or one approved corporate surety; the court may later require bond despite a waiver. W.S. §§ 2-3-102, 2-3-111.
Alaska permits a corporate surety or adequately secured individual sureties and allows reduction for assets placed with a domestic financial institution so unauthorized disposition is prevented. D.C. instead caps the penalty by the probable maximum covered property and permits reductions for restricted cash or property that cannot be sold or distributed without court authorization.
Scope boundaries
This is a neutral qualification-bond survey. It does not calculate an amount, evaluate a surety or applicant, predict whether a judge will override a waiver, recommend a restricted account, price a premium, resolve a creditor's standing, or assess a breach or claim against the bond. Those questions depend on the will, complete estate record, current petition and order, fiduciary identity, property values, court rules, surety terms, and licensed advice.
State by state
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| State | Governing law and default bond rule | Covered representative and proceeding | Will waiver and limits | Beneficiary, heir, or distributee waiver | Demand and court discretion | Amount, property base, and reduction | Surety, collateral, deposits, and corporate exceptions | Nonresident and special qualification rules | Filing timing, letters, suspension, removal, and lapse |
|---|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-08-29 | Ala. Code § 43-2-851 and §§ 43-2-292 to -299. Probate court must require personal-representative bond by default; express will exemption is subject to interested-person and court waste-protection exceptions |
Ordinary executor, administrator, or other personal representative in probate administration. Section 43-2-851 also covers special administrators, but that separate office is outside this survey's ordinary-representative scope |
Individual authorized to nominate by will may expressly exempt representative. Bond returns on sworn application alleging an interested person's interest is or will be endangered, or on court's own view that estate is likely to be wasted (§ 43-2-851(c)-(d)) |
No general heir, devisee, beneficiary, or distributee waiver eliminates initial bond. Those stakeholders may instead seek an additional bond through a verified written application, and an interested person may challenge a will exemption (§§ 43-2-293, 43-2-851(c)) |
Guardian, conservator, guardian ad litem, fiduciary, or any interested person may challenge will exemption by affidavit. Creditor, legatee, devisee, heir, distributee, cofiduciary, or surety may seek additional bond; court may also act on own motion and may reduce or enlarge bond anytime (§§ 43-2-292 to -299, 43-2-851(b)-(d)) |
Unless court directs otherwise: aggregate capital value of estate property under representative's control + one year's estimated income − court-restricted securities − land not saleable without court authorization. Court may reduce or require larger/additional bond (§ 43-2-851(a)-(b)) |
Bond payable to probate judge with court-specified sureties. Court may accept collateral instead of sureties, including pledged securities, other assets, or land mortgage. No general bank/trust-company exemption appears in § 43-2-851 |
Nonresident will-named executor serves on same bond, surety, terms, and requirements as citizen. Nonresident administrator is barred unless already qualified for same estate elsewhere; executor must be 19+ and otherwise fit (§§ 43-2-22, 43-2-191) |
Duties/powers commence on appointment and letters evidence authority from their date; cited initial-bond statute states no separate filing clock. Additional-bond order sets reasonable time: application-based default requires removal/revocation, while own-motion default permits removal (§§ 43-2-48, 43-2-298 to -299, 43-2-831) |
| Alaska verified 2026-08-29 | Alaska Stat. §§ 13.16.245-.270; personal representative must file bond before letters unless one of four statutory exceptions applies (§§ 13.16.245, .255) |
Unified personal representative in ordinary testate or intestate administration; statute applies through qualification and letters. Special-administrator details are outside this survey, although §§ 13.16.245-.270 also govern bonds required within §§ .245-.330 |
Testate will must expressly waive surety bond as to the person qualifying; an implied or office-wide waiver is not stated. Later qualifying written demand can require bond unless excused under §§ .255 or .260 (§§ 13.16.255, .265) |
Devisees or heirs may file written waiver of surety bond. Section 13.16.255 states no unanimity threshold, minor/incapacity substitute, creditor consent, or separate protection for a nonwaiving interest |
Person with apparent estate interest over $1,000 or creditor claim over $1,000 may file written demand and mail copy after appointment; bond then required. Court may excuse, increase/reduce, release sureties, or substitute bond on petition (§§ 13.16.260, .265) |
Will/order controls if specified; otherwise sworn estimate of personal estate plus next year's expected personal- and real-estate income, with bond/security at least that estimate. Registrar may deduct assets restricted at a domestic financial institution; court may change amount (§ 13.16.260) |
Corporate surety, or one or more individual sureties secured by personal-property pledge, real-property mortgage, or other adequate security; statutory state-agency cash/collateral deposit and qualified corporate fiduciary are exceptions; sureties ordinarily joint and several (§§ 13.16.255, .260, .270) |
No residence-based bond distinction in §§ 13.16.245-.270. Qualified corporate fiduciary and statutory cash/collateral deposit avoid the default; cofiduciary-specific bond allocation is not stated in the cited bond provisions |
Required bond and acceptance precede letters. After demand notice, representative may act only as necessary to preserve estate until bond filed or requirement ends; suitable bond due within 30 days or removal and successor appointment may follow (§§ 13.16.245, .265) |
| Arizona verified 2026-08-29 | Bond required unless one of four statutory exceptions applies; court may restore it when an interested person's estate interest is endangered (A.R.S. § 14-3603) |
General personal representative includes executor, administrator, and successor; special administrator is excluded from the general office but uses the same bond article separately (§ 14-1201(48)) |
Will must expressly waive bond; court may override on interested-person petition and reasonable proof of danger to that interest (§ 14-3603(A)(1), (B)) |
Unanimous filed writing from all heirs if no will is probated, or all devisees if will lacks waiver; guardian/conservator may waive for ward unless also personal representative (§ 14-3603(A)(2)) |
Interested person includes creditor and other estate-right holders; may seek bond on reasonable danger proof. Representative or another interested person may seek excuse, increase, reduction, surety release, or substitution (§§ 14-1201(34), 14-3603(B), 14-3604(A)) |
Absent will/order/application/petition amount: sworn estimate of personal estate + net real estate + next-year personal/real income; reduce real estate under court-confirmation restriction and blocked assets by deposited value (§ 14-3604(A)) |
Corporate surety or 1+ individual sureties secured by personal-property pledge, real-property mortgage, or other adequate security; court/clerk/financial-institution deposits may reduce amount; listed institutions/public fiduciary give no bond (§§ 14-3603(A)(3), 14-3604(A)) |
No residence-based bond term in Article 6; acceptance submits representative to estate-court jurisdiction. Spouse/nominee summary route loses exemption if inventory later exceeds eligibility, requiring prompt bond unless another exception applies (§§ 14-3602, 14-3603(A)(4), (C)) |
Required bond and acceptance file before letters. After surety-release citation, failure to give new sufficient security within court-allowed time requires revocation; replacement releases surety only from later acts (§§ 14-3601, 14-3604(B)) |
| Arkansas verified 2026-08-29 | Ark. Code §§ 28-48-201 to -206. Circuit Court may require bond before letters of administration or anytime during the case; bond is discretionary, not mandatory by default (§§ 28-48-201, -206) |
Ordinary personal representative in Arkansas decedent's-estate administration, including executor, administrator, and administrator with will annexed; court may order separate or joint bond for corepresentatives (§§ 28-48-201(c), -204) |
No current will-waiver entitlement. 2023 Act 326 repealed former § 28-48-206(b); a no-bond direction does not displace the court's current require-or-dispense good-cause power (§§ 28-48-201, -206) |
No current distributee-waiver route. Act 326 repealed former § 28-48-206(c), including its competent-distributee waiver; an interested party may instead request good-cause dispensation (§ 28-48-206) |
Written demand by claimant or person/entity asserting an estate interest requires immediate bond/increase or earliest-reasonable-date hearing; immediate order may be reconsidered at representative's request. Court may increase, decrease, or dispense for good cause on file review or interested-party request (§§ 28-48-201(b), -206) |
No current fixed property formula, multiplier, minimum, or maximum: Act 326 deleted the former doubled/full estimated-property formula. Demand hearing decides whether bond will be secured/increased and its amount; court may later increase/decrease for good cause (§§ 28-48-201(b), -206) |
Express route is Arkansas-authorized corporate surety, or another bond the court deems appropriate, for interested parties' benefit. Bond needs court/clerk approval; if personal sureties are used, affidavits must show collective Arkansas executable net property equal to the bond. No current bank/trust-company or restricted-deposit exemption stated (§§ 28-48-201, -205) |
Nonresident natural representative must appoint the clerk or an approved county resident as process agent; no separate nonresident bond rule remains. Unauthorized fiduciary corporation is disqualified; corepresentatives may have separate or one joint bond (§§ 28-48-101(b)(4), (6), 28-48-201(c)) |
If bond is required before letters, it must be approved before letters issue; otherwise written acceptance precedes letters. Failure within the court-set time to give required bond or file acceptance requires another appointment and revocation of issued letters (§§ 28-48-102(a), -202, -205) |
| California verified 2026-08-29 | Bond is the default before letters for every appointed personal representative, unless another statute supplies an exception (Cal. Prob. Code § 8480(a)) |
Ordinary executor, administrator, or administrator with will annexed; co-representatives may give separate bonds or one joint-and-several bond (§§ 8405(b), 8480(a)) |
Will waiver eliminates bond, but an interested person or the court may require bond for good cause before or after letters (§ 8481(a)(1), (b)) |
All beneficiaries may waive in writing if waivers attach to the appointment petition and the will does not require bond; court good-cause override remains (§ 8481(a)(2), (b)) |
Any interested person may petition, and the court may act on its own motion, to require bond for good cause before or after letters (§ 8481(b)) |
Court-set ceiling: personal property + probable annual gross income + covered real-property interest; personal sureties require 2×, and real-property sale can require more (§ 8482) |
Court-approved bond; separate or joint-and-several for co-representatives. Admitted insurer or personal sureties; blocked estate property may be excluded or support a reduction (§§ 8480, 8482-8483) |
Special nominee route: a non-U.S.-resident priority holder's nominee must be a California resident and normally must bond; unanimous heir waiver alone is not good cause (§§ 8402(a)(4)-(b), 8465(d)-(f)) |
Required bond, oath, and duties acknowledgment precede letters; appointment is effective only when letters issue. No letters without initial bond; failure to replace/add security may support removal (§§ 8400, 8403-8405, 8480(c)) |
| Colorado verified 2026-08-29 | Colo. Rev. Stat. §§ 15-12-601, 15-12-603 to -606. Informal appointment defaults to no bond except listed exceptions; formal bond is court-ordered, subject to the will and court review |
Ordinary executor or other personal representative in informal or formal decedent-estate administration. Special-administrator bond is an express exception but outside this survey's ordinary-representative scope (§ 15-12-603) |
Formal will relief bars bond unless an interested party requests it and the court finds bond desirable. A will may instead require bond, although a formal court may dispense with that requirement as unnecessary (§ 15-12-603) |
No automatic beneficiary/heir waiver route. An interested person may petition the court to excuse an existing requirement, but the court decides (§ 15-12-604) |
Person with an apparent estate interest over $5,000 or creditor claim over $5,000 may file a written demand and mail the representative; court may require bond only after finding it desirable. Court may excuse, increase, reduce, replace, or release security (§§ 15-12-604 to -605) |
Absent a will/order amount: sworn estimate of personal estate plus expected personal- and real-estate income for next year; bond/security at least that amount. Restricted insured domestic-financial-institution assets may reduce it (§ 15-12-604) |
Corporate surety, or one or more individual sureties secured by pledged personal property, real-property mortgage, or other adequate security; other suitable security allowed. Qualified-capital company/association may be excused, and statutory state-agency cash/collateral deposit eliminates bond (§§ 15-12-603 to -604) |
No separate nonresident bond formula. Representative must be 21+ and not found unsuitable; a domiciliary personal representative has statutory priority unless the will names different Colorado and domicile representatives (§ 15-12-203(6)-(7)) |
Any required bond and acceptance precede letters. After demand-based bond notice, powers are limited to preservation until filing or the requirement ends; failure to post suitable bond within 30 days is cause for removal and successor appointment (§§ 15-12-601, 15-12-605) |
| Connecticut verified 2026-08-29 | Conn. Gen. Stat. §§ 45a-139, 45a-289, and 45a-303(d), with Probate Court Rule 35. Executor and administrator bond is default; statutory and rule-based exceptions apply |
Executor, administrator, successor administrator, administrator with will annexed, and ordinary successor fiduciary in Probate Court. One bond secures all cofiduciaries (Rule 35.5; §§ 45a-289, 45a-290, 45a-303(d)) |
Will may excuse bond or set an amount. Unopposed executor provision is followed, but objection or cause for creditor/tax protection triggers court-required bond and statutory floor; court may otherwise override for party/creditor, tax, or administration-expense protection (§ 45a-289; Rule 35.1) |
Court may excuse bond when each heir or beneficiary waives. All heirs/beneficiaries may also request a smaller amount; court retains override power for protection and payment concerns (Rules 35.1(b)-(c), 35.6(b)(3)) |
A party may move, or court may act on its own, to require bond. Objection to will waiver activates § 45a-289; principal or surety may seek substitution by written application with notice/hearing. Court may adjust amount at any time and remove for failure to furnish ordered additional/substitute bond (§§ 45a-141, 45a-242; Rules 35.1(c), 35.9) |
Default equals assets under fiduciary control plus anticipated income/asset receipts for accounting period. Reductions may reflect unsalable realty, restricted assets, unanimous requested amount, fiduciary's estate share, or structured settlement. Small-estate waiver: assets under $20,000 or unrestricted estate under $10,000 (§ 45a-139(c); Rule 35.6) |
Current bond requires corporate surety; signer proves authority. Corporate fiduciary may be excused, subject to court override. Restricted account uses exact court agreement/no disbursement without written approval and can reduce bond. Single bond covers all cofiduciaries (Rules 35.1, 35.3, 35.5, 35.7) |
No extra nonresident bond formula. Nonresident appointment is ineffective until acknowledged certificate appoints Probate Judge and successors as service attorney; old personal-surety bonds have a parallel agent rule (§ 52-60; Rule 35.3(c)-(d)) |
Required bond must be filed before appointment decree/certificate and accepted before appointment effective. Report qualifying value increases within 30 days; court may adjust anytime. Failure to furnish ordered additional/substitute bond supports removal; bond generally released after final report/account approval (Rules 35.2, 35.8-.11; §§ 45a-139(b), 45a-141(b), 45a-242(a)) |
| Delaware verified 2026-10-02 | Delaware makes bond exceptional: none is required before letters unless the will expressly requires it or the Court of Chancery orders it after a qualifying demand; the Register of Wills receives any required bond (§§ 1521-1524) |
Covers ordinary executors, administrators with the will annexed, and intestate administrators receiving letters from a county Register of Wills; the ordinary bond subchapter does not prescribe a distinct joint-versus-separate bond format for co-representatives (§§ 1501-1505, 1521-1526) |
Because no bond is the statutory default, will silence requires none. An express will requirement triggers bond, but the Court of Chancery may dispense with it upon finding bond unnecessary or undesirable; the court also considers will relief when adjusting an ordered bond (§§ 1522-1523) |
The surveyed provisions create no private written beneficiary, heir, devisee, or distributee waiver. A personal representative or other interested person may petition Chancery to excuse bond, and an interested person may object to amount or condition, but court action controls (§§ 1523, 1526) |
A person apparently holding an estate interest over $2,000 or a creditor with a claim over $2,000 may file a written Chancery demand and mail a copy to an appointed and qualified representative. Filing alone does not order bond: Chancery must find it necessary or desirable, and may later excuse, increase, reduce, release, or substitute security (§§ 1523-1524) |
If neither will nor order specifies the amount, the Register fixes at least the best estimate of the decedent's personal estate. The statute adds no real-property value, annual-income component, doubling rule, fixed maximum, or restricted-deposit reduction; Chancery may later increase or reduce the amount (§ 1523) |
The representative files a bond with surety or other suitable security. The Register approves a corporate surety or one or more individual sureties secured by pledged personal property, a real-estate mortgage, or other adequate security; sureties are ordinarily jointly and severally liable. The surveyed provisions state no bank, trust-company, blanket-bond, or restricted-account exception (§§ 1523, 1525) |
A nondomiciliary individual or non-Delaware corporation must file an irrevocable power appointing the Register for service before letters. Current § 1508 bars minors and mentally incapacitated persons; an oath-disqualifying conviction bars letters unless the Register grants a good-cause exception under enacted 2026 Del. Laws ch. 529 (§§ 1506, 1508) |
Any required bond precedes letters, and failure by a nominated executor to give necessary bond shifts letters to qualifying coexecutors or will-annexed administration. After Chancery orders bond on demand, the representative may act only to preserve the estate; failure to give suitable bond within 10 days from notice is cause for removal and a successor (§§ 1502-1505, 1521, 1524) |
| District of Columbia verified 2026-08-29 | D.C. Code §§ 20-501 to -505; each personal representative ordinarily executes Court-approved bond unless will waiver, interested-person waiver structure, institutional exception, or post-distribution exception applies (§ 20-502) |
Supervised or unsupervised personal representative in ordinary estate administration; bond is a condition to appointment. Special administrators satisfy the same § 20-502 rule under § 20-532 but are outside this ordinary-office survey |
Decedent's will may excuse bond. Without a testator waiver, any interested person who does not waive must be protected; will waiver does not displace a later statutory demand analysis or contrary law/Court Rule (§ 20-502(a)-(b)) |
Written waiver of all interested persons excuses bond entirely; one or more may waive, but nonwaiving interests must be protected. No waiver may be made for a person who is not a competent adult except the § 20-101(d)(2)(C) representation route (§ 20-502(a)) |
Estate interest over $1,000 or creditor claim over $1,000 supports written demand up to that interest; file with Register and mail representative after appointment/qualification. Court may set hearing to decide whether bond is required (§ 20-502(a-1)) |
Court penalty cannot exceed probable maximum personal and D.C. real property at any time during administration; may reduce for Court-restricted cash or property requiring prior sale/distribution authorization and may increase/decrease for good cause (§ 20-502(d)) |
Surety may be a corporation authorized in D.C.; sureties and representative jointly/severally liable unless Court orders otherwise. Authorized D.C. banks/trust companies and national banks ordinarily exempt. Restricted deposits reduce penalty rather than substitute private collateral (§ 20-502(b)-(d)) |
No extra nonresident bond in § 20-502; nonresident must file irrevocable service power naming Register, and every representative files jurisdiction consent. Several-representative provisions state no separate bond allocation (§§ 20-303(b)(7), 20-501, 20-512) |
Required bond, acceptance, and jurisdiction consent are appointment conditions; letters issue after appointment and powers begin with letters. Bond filed with Register. Later willful disregard of Court order or unexcused material-duty failure can require removal after hearing (§§ 20-501 to -505, 20-526) |
| Florida verified 2026-08-29 | Florida Probate Code Part IV, §§ 733.402-.406, plus Probate Rule 5.235. Surety bond is the default for a personal representative receiving letters unless the will or court waives it; authorized banks and trust companies are exempt (§ 733.402) |
Every fiduciary receiving letters, including ordinary testate or intestate personal representatives; this cell applies the rule to executors/administrators. Curators are named in Rule 5.235 but excluded from this survey; guardians, trustees, ancillary, and small-estate routes are outside scope (§ 733.402; Rule 5.235) |
Will may waive bond, but waiver is not absolute: on any interested person's petition or its own motion, court may require bond or additional surety and may change the amount. Statute states no special wording requirement for the will waiver (§ 733.402) |
No automatic unanimous-beneficiary or heir waiver appears in §§ 733.402-.406. A beneficiary who qualifies as an interested person may petition the court to waive or reduce bond, but the court decides under § 733.402(4) |
Any interested person may petition; court may also act on its own to waive bond, require it, increase/decrease it, or require additional surety. Surety or another interested person may petition for release from future liability, leading to a court-set replacement bond and filing date (§§ 733.402, .405) |
Court sets a sufficient penal sum after considering gross estate value, representative-beneficiary relationship, exempt property and family allowance, asset type/nature, known creditors, and liens/encumbrances. No fixed multiplier, statutory minimum, or restricted-account reduction formula appears in §§ 733.402-.406 (§ 733.403) |
Bond must use two sufficient personal sureties each with qualifying property equal to the penalty, a licensed surety company, or a conditioned cash deposit; it also needs clerk approval, Governor as obligee, faithful-performance condition, and joint-and-several form. Authorized banks/trust companies are exempt; court may demand additional surety. Reasonable premium is an administration expense (§§ 45.011, 733.402, .406) |
Part IV states no extra nonresident bond. Separate qualification law limits a nondomiciliary individual to listed family relationships; authorized banks/trust companies can serve and are bond-exempt. Residence still affects appointment even though it does not change the Part IV bond formula (§§ 733.304-.305, .402) |
Court determines any bond and clerk may approve it; after appointment and required oath/resident-agent filings, compliance precedes letters. On surety-release petition, court may restrain all but preservation acts; replacement order sets amount/date, and failure to file requires immediate removal. Old surety remains liable until new bond approval (§ 733.405; Rule 5.235) |
| Georgia verified 2026-08-29 | O.C.G.A. Article 6, §§ 53-6-50 to -54. Bond defaults for personal representative of intestate estate; ordinary executor/testate representative is not in that initial default class but remains subject to later § 53-6-53 security. Qualified status requires oath, any required bond, and letters (§§ 53-1-2, 53-6-50, -53) |
Personal representative includes executor, administrator, administrator with will annexed, and county administrator. Section 53-6-50 default specifically covers intestate personal representative and temporary administrator; this survey excludes temporary/county routes and applies later-bond rule to ordinary unbonded personal representatives (§§ 53-1-2, 53-6-50, -53) |
Ordinary named executor is outside § 53-6-50's intestate default, so no will waiver is needed for that baseline. Instrument may expressly require otherwise-exempt banking institution to bond. Any unbonded executor or other personal representative can face later show-cause bond/revocation for represented mismanagement (§§ 53-6-50, -53) |
Unanimous heirs may relieve a proposed intestate personal representative from bond; guardian may consent for nonsui-juris heir, deceased heir's personal representative may consent, and court-appointed guardian may represent deceased heir without representative. Petitioner cannot consent for represented heir in those cases. No parallel testate-beneficiary waiver stated (§ 53-6-50(c)) |
Court on own motion, or on party-in-interest representation of mismanagement, must order unbonded personal representative to show cause why bond should not be given or letters revoked. Personal service at least 10 days before hearing; failure to show cause permits bond, revocation, or other necessary action. No fixed creditor-claim threshold (§ 53-6-53) |
Bond = 2× estate value with individual surety, or 1× with licensed commercial surety. Exclude real property/improvements until conversion to personalty, then include proceeds. Court may correspondingly reduce bond if estate value falls; prior surety liability survives. Indeterminate chose-in-action-only estate delays bond until value determined (§§ 53-6-50 to -52) |
Security is Georgia-domiciled individual or Georgia-authorized licensed commercial surety; bond runs to probate court for all concerned and secures faithful duty. No general blocked-deposit substitute stated. Qualifying national bank or Georgia bank/trust company avoids bond unless capital/surplus/profits under $400,000 or governing instrument requires it (§§ 53-6-50 to -51) |
Sui-juris individual may serve regardless of citizenship/residency; bond does not increase for nonresident representative. But an individual bond surety must be Georgia domiciliary. Other entities may serve if otherwise qualified as Georgia fiduciaries. Institutional exemption depends on authority and financial threshold, not representative residence (§§ 53-6-1, 53-6-50 to -51) |
Qualification is complete only after oath, required bond, and letters. Chose-in-action-only representative has no authority to receive settlement/judgment until bond posts and, on first determination, amended letters issue. Later mismanagement route uses 10-day personally served show cause; court may require bond or revoke letters. No general fixed bond filing period stated (§§ 53-1-2, 53-6-50, -53) |
| Hawaii verified 2026-08-29 | Hawaii's Uniform Probate Code makes bond presumptively unnecessary in informal proceedings and discretionary by court order in formal proceedings, subject to will terms, a court-ordered demand, and statutory secured-deposit exceptions (Haw. Rev. Stat. §§ 560:3-603 to -605) |
The rules cover a personal representative—defined to include an executor, administrator, successor, special administrator, and functionally comparable person—in informal registrar and formal circuit-court proceedings; this cell addresses ordinary general representatives and excludes the code's separate special-administrator route (§§ 560:1-201, 560:3-603) |
In formal proceedings a will may relieve the representative of bond, but an interested party may request bond and the court may require it if satisfied that bond is desirable. Conversely, a formal court may dispense with bond expressly required by the will if it finds bond unnecessary. In informal proceedings an express will requirement is an exception to the no-bond default (§ 560:3-603) |
Sections 560:3-603 to -605 provide no unilateral or unanimous heir, devisee, beneficiary, or distributee waiver. Such a person may qualify as an interested person and petition the court to excuse bond under § 560:3-604, but court action—not a private waiver—changes the requirement |
A person apparently holding an estate interest over $10,000 or a creditor with a claim over $10,000 may file a written demand and mail a copy to an already appointed and qualified representative; bond follows only if the court orders it. On petition by the representative or another interested person, the court may excuse bond, increase or reduce it, release sureties, or substitute a bond or sureties (§§ 560:3-604 to -605) |
If neither will nor order states the amount, the qualifying person gives the registrar an oath-based best estimate of personal-estate value plus expected income from personal and real estate during the next year, and files bond or other suitable security for at least that estimate. The registrar may reduce the amount by estate assets held at a domestic financial institution against unauthorized disposition; the court may also increase, reduce, or excuse it (§ 560:3-604) |
The registrar must find due execution by a corporate surety or by one or more individual sureties secured through pledged personal property, a real-property mortgage, or other adequate security. Statutorily deposited cash or collateral with a state agency eliminates bond; restricted domestic-financial-institution assets may reduce it. The surveyed provisions state no separate bank, trust-company, corporate-fiduciary, or co-representative exemption (§§ 560:3-603 to -606) |
The ordinary bond provisions state no residence-based bond rule. Section 560:3-203(f) disqualifies an individual under eighteen and anyone the court finds unsuitable in formal proceedings, but does not add a nonresident bond condition; no other special ordinary-qualification bond rule appears in §§ 560:3-601 to -606 |
Any required bond and the acceptance statement must be filed before letters. Rule 46 permits the appointment order to be filed first without letters so the fiduciary can obtain the bond; the completed bond and letters are then presented for filing and issuance. After notice of a demand, an existing representative may exercise only preservation powers until bond is filed or the requirement ends; failure to give suitable bond within thirty days is cause for removal and successor appointment (§§ 560:3-601, -605; HPR Rule 46(a)) |
| Idaho verified 2026-08-29 | Idaho's Uniform Probate Code makes bond presumptively unnecessary in informal proceedings, subject to an express will requirement, a qualifying demand, and the out-of-scope special-administrator exception; in formal proceedings bond is discretionary by court order (§ 15-3-603) |
The rule covers a statutory 'personal representative,' including an executor, administrator, and successor personal representative; this survey excludes the special administrator even though § 15-3-603 makes special-administrator bond an express exception (§§ 15-1-201(35), 15-3-603) |
In formal proceedings a will's relief from bond applies unless an interested party requests bond and the court is satisfied bond is desirable; conversely, the court may dispense with a bond that the will requires if it determines bond is unnecessary. In informal proceedings, an express will requirement triggers bond (§ 15-3-603) |
The fetched ordinary-bond provisions do not create a separate heir, devisee, beneficiary, or distributee written-waiver route; relief instead comes through the will or a court order excusing bond on petition (§§ 15-3-603 to 15-3-604) |
A person apparently interested for more than $1,000, or a creditor with a claim over $1,000, may file a written demand with the clerk and mail a copy to an already appointed and qualified representative; bond then is required, subject to cessation or statutory excuse. On petition of the representative or another interested person, the court may excuse, increase, reduce, replace, or change sureties (§§ 15-3-604 to 15-3-605) |
If the will or order does not set the amount, the applicant states under oath the best estimate of the decedent's personal estate plus expected income from personal and real estate for the next year, and files bond or other suitable security for at least that estimate. The registrar may reduce the bond by estate assets restrictively deposited with a domestic financial institution, and the court may later increase or reduce it (§ 15-3-604) |
The registrar must find execution by a corporate surety or one or more individual sureties secured by pledged personal property, a real-property mortgage, or other adequate security; other suitable security is allowed. State-agency cash/collateral depositors and domestic banks or trust companies need no bond. I.R.C.P. 66 sends bond form and surety justification to title 12, chapter 6 and bars counsel of record from serving as surety (§§ 15-3-603 to 15-3-604; I.R.C.P. 66(a)-(b)) |
The fetched ordinary-bond provisions state no extra bond, resident-agent, or resident-cofiduciary rule based on the representative's residence. Their express special treatment instead exempts domestic banks and trust companies and statutory state-agency cash/collateral depositors (§ 15-3-603) |
Any required initial bond and the sworn acceptance must be filed before letters. After notice of a later demand, the representative may act only as necessary to preserve the estate until bond is filed or the requirement ends; failure to give suitable bond within 30 days after notice is cause for removal and successor appointment (§§ 15-3-601, 15-3-605) |
| Illinois verified 2026-08-29 | Illinois Probate Act Article XII. Individual representative files oath and court-approved bond before duties. If will excuses bond/security, statutory bond remains effective without writing unless court orders written bond. Qualified trust-administering corporation files acceptance and is exempt from ordinary bonds (755 ILCS 5/12-1 to 12-2) |
Ordinary individual or corporate executor, administrator, successor, and co-representatives; Article XII also covers guardians, but ward-specific waivers are excluded. Real-property sale/mortgage proceeds can trigger added bond. Wrongful-death-only nominal, ancillary, small-estate, trustee, and appeal bonds remain outside scope (755 ILCS 5/12-1 to 12-10) |
Will may excuse bond/security or cap security; bond then exists without writing at Article XII amount. Court can require written bond and override will excuse/limit if it suspects fraud/incompetence or believes estate cannot pay all claims. Nonresident-executor bond discretion also overrides contrary will language (755 ILCS 5/6-13, 12-2, 12-4) |
Article XII states no automatic heir, legatee, distributee, or unanimous-beneficiary waiver. An interested person's suggestion may prompt court override of a will excuse, and an interested person may petition for proper bond/security if current protection is excessive or insufficient (755 ILCS 5/12-4, 12-10) |
Court may act on interested person's suggestion under will-override grounds, or on petition/own motion require proper bond when none sufficient was given or protection becomes excessive/insufficient. Court reviews sufficiency at each nonfinal accounting. Failure to supply ordered sufficient/new security is a discretionary removal ground (755 ILCS 5/12-4, 12-10, 23-2) |
Minimum 2× personal estate with individual sureties or excused bond/security; 1.5× with surety company. Possession of real estate adds court-set amount based on income. Wrongful-death recovery initially valued at $500 for fixing bond, then likely proceeds use same 2×/1.5× rule unless court excuses. Trust-company deposit reduces bond to retained estate (755 ILCS 5/12-5, 12-7) |
At least two court-acceptable sureties or one qualified acceptable surety company. Court may use separate or joint bond for co-representatives. Representative may petition to deposit some/all personal estate with qualified trust corporation subject to court order and reduce bond to retained assets. Qualified trust-administering corporate representative needs no ordinary bond (755 ILCS 5/12-1, 12-3, 12-7 to 12-8) |
Executor must be U.S. resident; court may require a nonresident executor to give court-set bond/surety despite will. A later-qualified named executor must take oath and give bond before letters. Corporate representative uses acceptance/no ordinary bond. No separate Illinois-resident-agent or beneficiary-status bond formula appears (755 ILCS 5/6-13, 12-1) |
Individual oath and approved bond precede duties; corporate acceptance does too. Added bond for realty/mineral sale or mortgage is filed by order entry/transaction and uses 2×/1.5× proceeds coverage; will-excused bond increases without writing. Court-ordered insufficient/new bond default may support removal; statute states no fixed general cure deadline or automatic lapse (755 ILCS 5/12-1 to 12-2, 12-9 to 12-10, 23-2) |
| Indiana verified 2026-08-29 | Indiana Probate Code Chapters 10 and 11 govern qualification and bond; resident bond is unnecessary by default unless the will requires it or the probate court finds protection requires it (IC 29-1-11-1; 29-1-7.5-2.5) |
Ordinary domiciliary executor, administrator, administrator with will annexed, and other personal representative in supervised or unsupervised administration; the article's definition also includes de bonis non and special administrators, but special administration is outside this survey (IC 29-1-1-3(a)(30); 29-1-10-3) |
Indiana reverses the usual waiver framing: a will's bond provision triggers bond rather than waiving a default bond; absent that provision, bond still may be ordered when the court finds it necessary to protect listed interests (IC 29-1-11-1; 29-1-7.5-2.5(a)) |
No separate heir, devisee, legatee, or distributee bond-waiver route appears in the controlling chapters; consent to unsupervised administration is not itself a bond waiver, and those persons may instead qualify as interested persons for a bond motion (IC 29-1-1-3(a)(18); 29-1-7.5-2, -2.5) |
Court may act on its own motion or an interested person's petition/motion and must find bond necessary to protect creditors, heirs, devisees, or legatees; interested persons include heirs, devisees, spouses, creditors, and others with an estate property right or claim (IC 29-1-1-3(a)(18); 29-1-11-1; 29-1-7.5-2.5) |
For an unsupervised resident representative, court determines the required bond amount; Chapter 11 states no fixed ordinary formula. Nonresident qualification bond is at least probable personal property plus estimated probate-period rents/profits and no more than probable gross estate, subject in unsupervised administration to increase, decrease, or reduction to zero (IC 29-1-7.5-2.5(b)-(c); 29-1-10-1(c)-(e)) |
Bond must be examined, approved, and endorsed; personal surety must file a real-property affidavit and may face title proof. Estate assets may be deposited under a surety-consent/court-order withdrawal restriction. Joint representatives may give separate bonds or one bond; no categorical resident bank/trust-company bond exemption appears (IC 29-1-11-2 to -6; 29-1-10-3(b)) |
Nonresident individual serving alone must file acceptance, appoint a resident service agent, and file the statutory qualification bond; nonresident individual or corporate fiduciary may serve jointly with a resident only with that bond. Later nonresidence triggers the same bond, while unsupervised court discretion can alter it to zero (IC 29-1-10-1(c)-(f); 29-1-7.5-2.5(c)) |
Required approved bond and oath precede letters. Failure within the court-fixed time requires appointment of someone else and revocation of issued letters; a surety-release petition leads to a 15-day new-bond deadline and removal for noncompliance (IC 29-1-10-3; 29-1-11-7, -9) |
| Iowa verified 2026-08-29 | Iowa Code §§ 633.168-.186. Every fiduciary defaults to bond with sufficient surety; oath/certification and any required bond precede letters (§§ 633.169, 633.178) |
Executor, administrator, and other fiduciary in Iowa district-court probate. Rules also reach cofiduciaries and successor fiduciaries; survey applies ordinary decedent's-estate representatives |
Will direction or expressed desire for no bond waives it for all purposes, but court may require bond for good cause initially or later. Bank/trust company exempt unless instrument or court requires bond (§ 633.172) |
Distributees may waive statutory bond in writing; court must find creditors will not be prejudiced. Court may separately exempt for good cause only if creditor and distributee interests will not be prejudiced (§§ 633.173, 633.175(1)) |
No automatic creditor-demand route stated. Court protects creditors in waiver findings and may for good cause require a new bond or change amount at any time; interested person or bond surety may verified-petition for removal on failure of legal duty or court order (§§ 633.65, 633.175, 633.180) |
Default penalty equals estate personal-property value plus estimated gross annual estate income during administration. Court-ordered deposit of estate personalty at an Iowa bank/trust company may reduce amount; court may increase/decrease for good cause (§§ 633.170, 633.176, 633.180) |
Sufficient surety/sureties; surety-company bond cost is estate expense. Cash or prescribed securities of fiduciary may replace bond; court-controlled estate deposit or joint-control agreement available. Sureties jointly/severally liable. Bank/trust-company fiduciary ordinarily exempt (§§ 633.169, 633.172(2), 633.176-.177, 633.181, 633.183) |
Natural-person nonresident ordinarily needs resident cofiduciary, but court may allow solo service for good cause; qualifying foreign bank/trust company may serve reciprocally. No separate nonresident bond formula stated (§ 633.64) |
Bond insufficient until clerk examines/approves; rejected bond replaced within court/clerk-set time. Letters issue after oath/certification and required bond. Clerk reviews amount at inventory; court may require new bond/change amount. Failure of duty or order supports show-cause removal (§§ 633.65, 633.171, 633.178-.180) |
| Kansas verified 2026-08-29 | Kansas Probate Code chapter 59 makes bond the default for every fiduciary, including ordinary personal representatives, before duties begin; the district court directs the amount and approves the bond and sureties (§§ 59-102(1)-(4), 59-1101 to -1102). Statutory excuses apply under § 59-1104. Simplified-estate bonds follow the Probate Code (§ 59-3203(b)); informal administration uses the separate § 59-3304 regime |
'Personal representative' includes executor, administrator, administrator with the will annexed, and administrator de bonis non, and 'fiduciary' includes personal representatives (§ 59-102(2)-(3)). The ordinary rule governs supervised administration and, through § 59-3203(b), simplified administration. Informal administration separately permits an appropriate bond and requires security from the court-designated debt-and-expense payer unless a testamentary instrument excuses it (§ 59-3304(a)(2)(F), (b)(1)). Special-administrator bonds are outside this survey |
A will must expressly waive the executor's bond under the ordinary rule (§ 59-1104(1)); the text does not extend that will-waiver clause by name to an administrator with the will annexed. If a probated will does not waive bond, all devisees and legatees may use the separate written-waiver route (§ 59-1104(2)). Any waiver remains subject to an interested party's application or the court's own motion to require bond at any time. In informal administration, a testamentary instrument may excuse the designated payer's separate bond (§ 59-3304(b)(1)) |
All known heirs may file a written waiver when no will has been probated; under a will that does not waive bond, all devisees and legatees must file (§ 59-1104(2)). A duly appointed conservator, guardian ad litem, or named trustee may waive for the represented conservatee, ward, or trust beneficiary, except when the conservator or trustee is the fiduciary (§ 59-1104(3)). The statute sets no petition-attachment or filing deadline, does not require unknown heirs or creditors to join, and preserves the court's anytime override |
Any interested party may apply for bond, and the court may require it on its own motion at any time (§ 59-1104). For good cause, the court on its own motion or any interested person's application may require a new or additional bond; it may reduce a bond found larger than necessary or cancel one found unnecessary (§ 59-1106). A surety may obtain an accounting and a new bond after notice (§ 59-1107), and a bonding company may move for cancellation for just cause with an accounting that must be approved (§ 59-1109). During a simplified-estate objection, the court may require bond before the hearing (§ 59-3206) |
The court directs the amount, but the ordinary floor is 125% of personal property plus probable annual real-estate income that will come into the fiduciary's possession (§ 59-1101). A separate general statute states that a bond executed or guaranteed by an authorized corporate surety must be at least 125% of the amount involved in the trust or the actual value of estate property coming into the representative's hands and control (§ 78-109). The court may reduce liability to the proper amount when a bond is larger than necessary, cancel an unnecessary bond, and require additional security for further assets from a real-property sale, lease, or mortgage (§§ 59-1106, 59-2306). Informal administration uses at least 125% of the money authorized for debts and expenses (§ 59-3304(b)(1)). No blocked-deposit or collateral-based reduction formula appears in these provisions |
Bond must have sufficient sureties, run to Kansas, and cannot be approved until the district court is fully satisfied with the sureties (§§ 59-1101 to -1102). Cofiduciaries may file separate bonds or one joint bond (§ 59-1103). An authorized corporate surety may serve alone (§ 78-102); state or county officers and their deputies may not be sureties on an executor's or administrator's bond, and a practicing attorney may not be taken on such a legal-proceeding bond in the attorney's resident district (§ 78-101). Bond is excused for a bank with trust authority or a trust company organized and principally based in Kansas, subject to later court demand (§ 59-1104(4)). The cited statutes specify no cash collateral, pledge, mortgage, restricted account, or blanket-bond substitute |
Kansas imposes no separate nonresident bond formula. A nonresident executor or administrator of a resident estate may receive letters after appointing an agent under § 59-1706; becoming nonresident causes revocation until the agent is appointed (§ 59-706). As amended by 2026 SB 480, the written appointment and the agent's written acceptance must be filed in the appointing district court, and the agent may reside anywhere in Kansas (§ 59-1706). Cofiduciaries may use separate or joint bonds (§ 59-1103), and the institutional exception is limited to the entities described in § 59-1104(4) |
The ordinary bond is filed before fiduciary duties and, with the oath, before letters issue (§§ 59-1101, 59-2227). A testate appointee who does not qualify within 10 days may be replaced; an administrator's neglect for 10 days after court-directed written notice to file the oath and bond is deemed refusal and permits another appointment (§§ 59-2227, 59-2232). Before letters, a named executor has only the limited conservation and funeral-expense authority in § 59-704. Failure or refusal to file a surety-requested new bond requires removal (§ 59-1107), and failure to obey another lawful bond order may support discretionary removal under § 59-1711. Section 59-1109 requires court-approved accounting before bonding-company cancellation but states no automatic lapse of letters |
| Kentucky verified 2026-08-29 | KRS §§ 395.105, 395.130, and 395.160. Ordinary personal representative defaults to no bond; court orders surety when needed to protect all estate interests. Public administrator and curator are mandatory-bond exceptions outside ordinary scope |
Executor, administrator, or other ordinary personal representative appointed under KRS Chapter 395 in District Court. Public administrator and curator are express mandatory-bond exceptions but outside this ordinary-representative survey (§ 395.130) |
No express will waiver is needed because no bond is default. Court may consider testator's stated intent under will or trust but is not bound and may require bond for estate protection (§ 395.130(2)(b)) |
No beneficiary/heir waiver is needed to preserve the no-bond default, and no beneficiary veto binds the court. Once bond is ordered, any interested party may move to reduce/increase amount or substitute sureties (§ 395.130(3)) |
No automatic creditor or interested-person demand route stated. Court decides whether bond is needed to protect all estate interests; interested party may move to change amount or sureties after requirement. Court may require additional security under KRS 62.060 (§§ 395.130, 395.160) |
Court-set; current § 395.130 supplies no inventory, income, minimum, maximum, or doubling formula. Section 62.060 expressly excepts § 395.130, so its estate-value penal-sum floor does not control this bond; interested party may seek increase/reduction |
Surety bond as court orders; interested party may seek same/different sureties. If authorized incorporated surety company is used, necessary reasonable cost is estate administration expense subject to court approval. No general cash/collateral alternative stated (§ 395.130(3), (5)) |
No separate nonresident bond formula. Qualifying nonresident must be an adult within listed family relationships and designate a resident of the probate county as service agent; qualifying banks/trust companies may serve (§§ 395.005, 395.015(6)) |
Before acting, fiduciary receives letters; appointment effective only after signed order, executed required bond, and oath/declaration. Executor without required bond has no authority and, if appointed, must be removed; additional-security default may support removal (§§ 395.105, 395.130(4), 395.160(2)) |
| Louisiana verified 2026-08-29 | La. Code Civ. Proc. arts. 3151 to 3159 and 3181 govern 'security.' Administrator and dative executor must furnish it; testator-named executor defaults to no security unless testament or statutory compelled-security route applies |
Ordinary administrator, dative testamentary executor, and testator-named executor in a Louisiana succession. Provisional administrator uses a separate art. 3152 amount and is outside this ordinary-representative scope |
Named executor needs no security unless testament requires it or arts. 3154-3155 apply. Thus no-security is statutory default for the named executor, not dependent on express will waiver; forced-heir/spouse and claimant routes override (§ 3153) |
No collective beneficiary/heir waiver route. Forced heirs and surviving spouse in community may instead compel security by ex parte verified petition; court must order adequate protection after confirming status (art. 3154) |
Pecuniary claimant, liquidated or not, or specific-property ownership claimant may compel named executor by ex parte verified petition. Court must order security within 10 days of service; administrator amount may be reduced on proof it substantially exceeds protection need (arts. 3151, 3155) |
Administrator/dative executor: more than total succession-property value by one-fourth; court may reduce administrator security if substantially excessive. Forced-heir/spouse amount protects petitioner; creditor amount exceeds claim/property value by one-fourth; executor capped at administrator maximum (arts. 3151, 3153-3156) |
Code provisions use 'security' rather than prescribing a general surety count. Any succession representative may substitute a court-approved special mortgage on unencumbered immovable property in the opening parish, for the same amount, before letters (art. 3157) |
No separate nonresident security amount. Nonresident representative must appoint and file a Louisiana resident service agent; unauthorized corporation and listed individual disqualifications apply (art. 3097) |
Security and faithful-duty oath precede letters and official duties. Compelled executor security is due within 10 days of service. Failure to qualify within 10 days after appointment/confirmation permits revocation and replacement; court may extend for good cause (arts. 3154-3155, 3158-3159, 3181) |
| Maine verified 2026-08-29 | Maine's Probate Code makes bond presumptively unnecessary in informal proceedings, subject to an express will requirement, a qualifying demand, and the out-of-scope special-administrator exception; in formal proceedings bond is discretionary by court order (18-C M.R.S. § 3-603) |
The rule covers a statutory personal representative, including an executor, administrator, and successor personal representative; this survey excludes special administrators even though § 3-603 makes their bond an express exception. The Code distinguishes informal register proceedings from formal judge proceedings (§ 1-201(19)-(20), (25), (40), (48), (56)) |
In formal proceedings a will's relief from bond applies unless an interested party requests bond and the court finds bond desirable; conversely, the court may dispense with a bond the will requires if it determines bond is unnecessary. In informal proceedings an express will requirement triggers bond (§ 3-603) |
Sections 3-603 to 3-605 create no separate written or unanimous heir, devisee, beneficiary, or distributee waiver. A person who qualifies as interested may petition the court to excuse bond, but court action—not a private waiver—changes the requirement (§§ 1-201(26), 3-604) |
A person apparently holding an estate interest over $5,000 or a creditor with a claim over $5,000 may file a written demand with the register and mail a copy to an already appointed and qualified representative; bond then is required unless the demandant's interest ends or the bond is excused. On petition, the court may excuse, increase, reduce, replace, or change sureties (§§ 3-604 to 3-605) |
If the will, order, application, or petition does not set the amount, the applicant states under oath the best estimate of the decedent's personal estate plus expected income from personal and real estate during the next year and files bond or other suitable security for at least that estimate. Restricted domestic-financial-institution deposits may reduce it, and the court may later increase or reduce it (§ 3-604) |
The register must find execution by a corporate surety or one or more individual sureties secured by pledged personal property, a real-property mortgage, or other adequate security; other suitable security is allowed. A statutory State-agency cash or collateral depositor needs no bond, and sureties are ordinarily jointly and severally liable. The surveyed provisions state no separate bank, trust-company, or co-representative exception (§§ 3-603 to 3-606) |
The ordinary bond provisions state no extra bond, resident-agent, or resident-cofiduciary rule based on the representative's residence. General qualification requires age 18 or older and no formal finding of unsuitability; a domiciliary personal representative has statutory priority subject to a different Maine will nomination (§ 3-203(6)-(8)) |
Any required bond and the acceptance statement must be filed before letters. After notice of a qualifying demand, the representative may act only as necessary to preserve the estate until bond is filed or the requirement ends; failure to give suitable bond within 30 days after notice is cause for removal and successor appointment (§§ 3-103, 3-601, 3-605) |
| Maryland verified 2026-08-29 | Maryland Estates and Trusts §§ 6-101 and 6-102 make required bond a condition of appointment and generally require a State bond benefiting interested persons and creditors, with register-approved surety |
Ordinary personal representative means executor or administrator and expressly excludes special administrator; applies to administrative or judicial probate (§ 1-101(r); Title 6) |
Will must expressly excuse bond; even then a nominal bond sufficient for debts and Maryland inheritance tax remains, and court may later require bond on good cause (§ 6-102(a)-(b), (h)(2)) |
Written waiver of all interested persons excuses the full bond, not the nominal debt-and-inheritance-tax bond. Interested-person definition includes listed executors, representatives, legatees, heirs, certain spouses/caveators, and persons under disability or their stated representatives (§§ 1-101(j), 6-102(a)-(b)) |
Interested person or creditor may petition during administration; court may require bond for good cause and may require additional, new, or countersecurity and increase/decrease penalty for good cause (§ 6-102(b)(3), (e)(2), (i)) |
Full-bond penalty may not exceed probable maximum estate personal property during administration, less court-valued collateral posted with court and estate cash in an approved withdrawal-restricted account; nominal amount secures debts and Maryland inheritance tax (§ 6-102(b), (e)) |
Surety may be an authorized corporation or one or more register-approved individuals; representative and sureties are jointly/severally liable unless court orders otherwise. National bank or trust company is exempt; no bond after final account approval (§ 6-102(c)-(e)) |
Nonresident must keep an irrevocable designation of an appropriate Maryland resident for service; no extra nonresident bond formula. Certain noncitizens are ineligible unless permanent-resident close relatives; trust companies and authorized corporations may receive letters (§ 5-105(b)-(c)) |
Required bond, acceptance, and jurisdiction consent are filed as appointment conditions; bond goes to register, letters issue after appointment, and authority starts with letters. Failure to provide ordered replacement security can lead to bond suit and may support removal proceedings (§§ 6-101 to -105, 6-102(i), 6-306) |
| Massachusetts verified 2026-08-29 | Bond always files before letters; sureties are the waivable requirement and are otherwise required (Mass. Gen. Laws ch. 190B, §§ 3-601, 3-603) |
General personal representative includes executor, administrator, and successor in formal, informal, testate, intestate, and supervised administration; special office excluded (§ 1-201(1), (37)) |
Will direction for no bond or waiver of surety excuses sureties only; bond itself still must be filed. Formal court may require sureties/additional sureties on its own motion (§§ 3-601, 3-603(a)) |
All heirs if no will has been probated, or all devisees named in a will, may file written waiver of sureties; unanimity is required (§ 3-603(a)(ii)) |
Estate interest >$5,000 or creditor claim >$5,000 may file written demand; sureties then required. Court may add sureties and, on petition, change amount, release surety, or substitute bond (§§ 3-603 to 3-605) |
Absent will/order/petition amount: sworn best estimate of decedent's personal estate; bond equals estimate. Court may reduce for blocked domestic-financial-institution assets and later increase/reduce (§ 3-604) |
Sureties ordinarily required and jointly/severally liable; bank or trust company gives bond without surety unless court orders additional security; restricted deposits reduce amount (§§ 3-603, 3-604, 3-606) |
Cited bond provisions state no residence-based amount or surety rule. Bank/trust-company exception may be overridden on interested-person application, with removal possible for failure to give ordered security (§ 3-603(b)) |
Bond precedes letters. After demand notice, authority narrows to preservation until sureties or cessation; suitable sureties due within 30 days, and failure is cause for removal/successor—not automatic lapse (§§ 3-601, 3-605) |
| Michigan verified 2026-08-29 | EPIC §§ 700.3601-.3606. Informal appointment: no bond unless special representative, express will requirement, or § 700.3605 demand. Formal appointment: court may order bond; cash/collateral deposit with county treasurer can replace it (§§ 700.3601, 700.3603) |
Personal representative includes executor, administrator, successor, and special representative; survey covers ordinary general representatives in informal or formal estate proceedings and excludes the special-representative exception except as boundary (§§ 700.1106(p), 700.3603) |
Informal will may expressly require bond. In formal proceeding, court must honor will relief unless interested person requests bond and court finds it desirable; court may dispense with bond even when will requires it if unnecessary (§ 700.3603(1)-(2)) |
No collective heir/devisee waiver route stated. Relief comes from will terms, court excuse/modification, or county-treasurer cash/collateral rather than unanimous beneficiary consent (§§ 700.3603-.3604) |
Formal interested-person request can override will relief if court finds bond desirable. Separate written demand is automatic for person/creditor above indexed threshold—$32,000 for a 2026 death—filed with register and mailed after qualification; court may excuse/change bond (§§ 700.3603-.3605; § 700.1210; 2026 Treasury notice) |
Absent amount in will/order/application/petition: sworn estimate of personal estate + next-year personal/real-estate income sets minimum. Register may reduce for property blocked at Michigan financial institution; court may excuse, increase, reduce, release, or substitute (§ 700.3604) |
Corporate surety, or 1+ individual sureties secured by personal-property pledge, real-property mortgage, or other adequate security. County-treasurer cash/collateral eliminates bond; separate blocked financial-institution property reduces amount. No institutional-fiduciary exemption stated (§§ 700.3603(3), 700.3604) |
Bond provisions state no separate nonresident amount, resident agent, or resident cosurety rule. Special personal representative is an informal no-bond exception's exception and ordinarily must bond, but that office is outside this survey (§§ 700.3603-.3604) |
Required bond and acceptance precede letters. After demand notice, powers narrow to estate preservation until bond files or requirement ends; suitable bond due within 28 days, and failure is cause for removal/successor appointment—not automatic termination (§§ 700.3601, 700.3605, 700.3611) |
| Minnesota verified 2026-08-29 | Minn. Stat. §§ 524.3-601, 524.3-603 to -606. Informal appointment defaults to no bond except listed exceptions; formal will relief or unanimous qualifying no-bond request controls unless court protection requires bond |
Ordinary executor, corporate representative, or other personal representative in informal or formal district-court probate. Special-administrator bond is an express exception but outside this ordinary-representative scope (§§ 524.3-601, 524.3-603) |
Formal will relief eliminates bond unless the court finds bond required to protect interested persons. In informal administration, an express will requirement instead creates a bond exception (§ 524.3-603) |
Formal no-bond route requires written request by all interested persons with an apparent estate interest over $1,000, excluding creditors; court may override for protection. An initial waiver does not bar a later demand (§§ 524.3-603, 524.3-605) |
Person with apparent estate interest over $1,000 or creditor claim over $1,000 may file written demand and mail representative; court may require or excuse bond. Court may also act on its own motion to excuse, increase, reduce, release sureties, or substitute bond (§§ 524.3-604 to -605) |
No fixed inventory, income, doubling, minimum, or maximum formula in current § 524.3-604. Court controls amount; other suitable security must be at least the bond amount, and restricted domestic-financial-institution assets may support reduction |
Corporate surety or one or more individual sureties secured by pledged personal property, real-property mortgage, or other adequate security; other suitable security allowed. Statutory state-agency cash/collateral deposit eliminates bond, and one complying corepresentative exempts all corepresentatives (§§ 524.3-603 to -604) |
No separate nonresident bond formula. Representative must be 18+ and not found unsuitable; domiciliary representative has priority subject to creditor-solvency and different-will-nominee exceptions (§ 524.3-203(f)-(g)) |
Required bond and oath—or corporate acceptance—precede letters. After demand notice, powers are limited to preservation until bond is filed or excused; failure to give suitable bond within 30 days is cause for removal and successor appointment (§§ 524.3-601, 524.3-605) |
| Mississippi verified 2026-08-29 | Mississippi Chancery Court probate law makes bond the ordinary rule: an executor or administrator with the will annexed gives approved bond equal to the full estate, while an intestate administrator gives approved bond equal to the personal estate (§§ 91-7-41, 91-7-67) |
Covers an ordinary executor, administrator with the will annexed, and intestate administrator; a residuary-legatee executor has a separate debts-and-legacies bond option. The surveyed provisions do not state a joint-versus-separate bond rule for cofiduciaries (§§ 91-7-41, 91-7-43, 91-7-67) |
A will may direct that its executor need not give bond, but the court or clerk may require bond with sufficient sureties when it has reason to do so, at the grant or later; the text does not extend this will waiver to an administrator with the will annexed (§§ 91-7-41, 91-7-45) |
For an intestate administrator, the chancellor may waive or reduce bond if the administrator is the sole heir or if all heirs are competent and present their sworn petition. The surveyed statutes give no general devisee or beneficiary waiver for an executor or administrator with the will annexed (§ 91-7-67) |
For a will-exempt executor, a creditor may file a sworn petition stating the claim and danger of loss from bad management or the executor's insolvency; after five days' notice, a creditor-protective bond is required. Independently, the court or clerk may require bond for reason, insufficient bond may be replaced after five days' notice, and a surety may petition as of right for a new bond (§§ 91-7-45, 91-7-315, 91-7-317) |
Executor/administrator-with-will-annexed bond equals the full estate; intestate-administrator bond equals personal-estate value. A residuary-legatee executor may instead bond debts and legacies, and a creditor bond covers the legal demand. On petition and five days' service on the surety, the chancery court or chancellor may cancel, reduce to protection of the estate, or substitute a bond that exceeds estate value or when other sufficient cause exists (§§ 91-7-41, 91-7-43, 91-7-45, 91-7-67; § 9-5-103) |
Sureties are approved by the court or clerk; the residuary-legatee alternative requires two or more. An authorized guaranty or surety company may serve, while a qualifying Mississippi-domiciled state or national bank is exempt unless the instrument or court specifically requires bond or other security and fixes the amount. No cash-collateral or restricted-deposit substitute appears in the surveyed provisions (§§ 91-7-41, 91-7-43, 91-7-67, 91-7-319; § 81-5-35) |
Nonresidence does not create an express additional-bond rule: § 91-7-89 contemplates letters to a nonresident, but permits revocation after publication or personal notice if that fiduciary neglects annual settlement or due administration. The principal special routes are the residuary-legatee bond and the in-state-bank exemption (§§ 91-7-43, 91-7-89; § 81-5-35) |
Executor and will-annexed bond and oath are due at or before letters; administrator bond and oath are due at or before the grant. A named executor's failure or refusal to qualify supports will-annexed administration; failure to give a later required bond causes removal or revocation and successor administration. No separate initial-bond deadline is stated; bonds are recorded and originals kept by the chancery clerk (§§ 91-7-39, 91-7-41, 91-7-45, 91-7-67, 91-7-311, 91-7-315, 91-7-317; UCCR 9.03) |
| Missouri verified 2026-08-29 | Missouri Probate Code Chapter 473 requires every personal representative to file an approved estate-paid bond with sufficient security before duties, subject to the will, corporate-fiduciary, and court good-cause exceptions (§§ 473.157, 473.160) |
Ordinary executor or administrator, including administrator with will annexed, de bonis non, pending contest, during minority/absence, and other permitted decedent-estate administrators (§ 472.010(26)) |
Will may express a wish that no bond be required; court may nevertheless require bond in its discretion initially or at any later time (§ 473.160.1) |
No separate statutory heir, devisee, legatee, or distributee waiver appears in the controlling bond sections; court may excuse bond only on good cause and a finding that protection of interested parties does not require it (§ 473.160.4) |
Interested persons include heirs, devisees, spouses, creditors, and other estate-right holders. Court may require/increase/decrease bond for good cause; an interested party, including a surety, may seek a hearing and new bond on listed risk grounds (§§ 472.010(15), 473.193, 473.197) |
Judge or clerk fixes amount for interested-party protection, with no fixed multiplier; court-ordered deposit reduces bond proportionally to deposited value. Clerk reviews adequacy at inventory, appraisement, settlement, and specified realty events (§§ 473.157.1, 473.160.2, 473.197) |
Sufficient security and written approval required; personal surety files property/liability affidavit, specified officials and lawyers are barred, and surety may control withdrawals by agreement. Qualifying state/national banks and trust companies need no estate bond (§§ 473.163, 473.177-.183, 362.590) |
Nonresident individual or foreign corporation must designate a Missouri resident or authorized Missouri trust corporation for service before letters. Foreign bank/trust company needs § 362.600 reciprocity qualification, which may carry a separate regulator-level fiduciary bond, not an estate bond (§§ 473.117.3, 362.600) |
Bond is due before entering duties; bonded cofiduciaries alone may act. If court-required bond is not given within the fixed time, letters are revoked. Bond sufficiency is revisited with delayed/future settlements and specified filings (§§ 473.157.1, 473.173, 473.190, 473.200) |
| Montana verified 2026-08-29 | Montana's Probate Code makes bond presumptively unnecessary in informal proceedings, subject to an express will requirement, a qualifying demand, and the out-of-scope special-administrator exception; in formal proceedings bond is discretionary by court order (MCA § 72-3-513) |
The rule covers a personal representative, including an executor, administrator, and successor personal representative; this survey excludes special administrators even though § 72-3-513 makes their bond an express exception. The Code distinguishes informal clerk proceedings from formal judge proceedings (§ 72-1-103(19), (24)-(25), (29), (37), (49)) |
In formal proceedings a will's relief from bond applies unless an interested party requests bond and the court finds bond desirable; conversely, the court may dispense with a bond the will requires if it determines bond is unnecessary. In informal proceedings an express will requirement triggers bond (§ 72-3-513) |
Sections 72-3-513 to 72-3-515 create no separate written or unanimous heir, devisee, beneficiary, or distributee waiver. A person who qualifies as interested may petition the court to excuse bond, but court action—not a private waiver—changes the requirement (§§ 72-1-103(25), 72-3-515(3)) |
A person apparently holding an estate interest over $5,000 or a creditor with a claim over $5,000 may file a written demand with the clerk and mail a copy to an already appointed and qualified representative; bond then is required unless the demandant's interest ends or the bond is excused. On petition, the court may excuse, increase, reduce, replace, or change sureties (§§ 72-3-514 to 72-3-515) |
If the will, order, application, or petition does not set the amount, the applicant states under oath the best estimate of the decedent's personal estate plus expected income from personal and real estate during the next year and files bond or other suitable security for at least that estimate. Restricted domestic-financial-institution deposits may reduce it, and the court may later increase or reduce it (§ 72-3-515) |
The clerk must find execution by a corporate surety or one or more individual sureties secured by pledged personal property, a real-property mortgage, or other adequate security; other suitable security is allowed. A statutory State-agency cash or collateral depositor needs no bond, and sureties are ordinarily jointly and severally liable. The surveyed provisions state no separate bank, trust-company, or co-representative exception (§§ 72-3-513, 72-3-515 to 72-3-516) |
The ordinary bond provisions state no extra bond, resident-agent, or resident-cofiduciary rule based on the representative's residence. General qualification bars a person under 18 and anyone the court finds unsuitable in formal proceedings; the express special security route is the State-agency cash or collateral deposit (§§ 72-3-501, 72-3-513(3)) |
Any required bond and the acceptance statement must be filed before letters. After notice of a qualifying demand, the representative may act only as necessary to preserve the estate until bond is filed or the requirement ends; failure to give suitable bond within 30 days after notice is cause for removal and successor appointment (§§ 72-3-512, 72-3-514) |
| Nebraska verified 2026-08-29 | The Nebraska Probate Code makes bond the default for a personal representative, subject to the enumerated exceptions in § 30-2446; the county court supervises formal matters and its registrar acts in informal matters (§§ 30-2209(5), (16), (20), (39), 30-2446) |
The Code definition of personal representative includes an executor, administrator, successor personal representative, special administrator, and substantially equivalent fiduciary, but this survey covers ordinary and successor representatives rather than special administrators; the bond provisions expressly distinguish formal and informal proceedings (§§ 30-2209(33), (45), 30-2447) |
A will may expressly waive bond or expressly request no bond; it may instead waive only the requirement of an outside surety on the bond, which is not the same as eliminating the bond. An interested person may later petition for protective bond upon the proof required by § 30-2446(2), and a qualifying written demand under § 30-2448 makes bond required unless the requirement later ceases or is excused (§§ 30-2446(1)(a)-(2), 30-2448) |
All heirs may file a written waiver if no will has been probated, or all devisees may do so under a will that does not itself relieve bond. A duly appointed guardian or conservator may waive for a ward or protected person unless that fiduciary is the personal representative, and a person age 18 or older may waive personally. The statute says the waivers are filed with the court but supplies no separate petition-attachment deadline; an initial heir or devisee waiver does not prevent a later protective petition (§ 30-2446(1)(b)-(d), (2)) |
Any person apparently holding an estate interest over $1,000, or creditor with a claim over $1,000, may file a written demand with the registrar and mail a copy to an already appointed and qualified representative; bond then is required. Separately, when an exception otherwise applies, any interested person may petition and show by reasonable proof that the petitioner's interest is endangered by administration. On application or petition by the representative or another interested person, the court may excuse bond, increase or reduce it, release sureties, or substitute a bond or sureties (§§ 30-2446(2), 30-2447(b), 30-2448) |
In an informal proceeding, absent an amount in the will, court order, application, or petition, the applicant files a sworn best estimate of the decedent's personal estate plus expected income from personal and real estate during the next year and gives bond of at least that estimate. In formal or informal proceedings the court may increase, reduce, or excuse bond. A petition may initially use the § 30-24,127 summary-estate exception, but an inventory and appraisal showing the estate exceeds that route triggers prompt bond unless another exception applies; the fetched provisions contain no doubling rule or fixed minimum/maximum (§§ 30-2446(1)(f), (3), 30-2447, 30-24,127) |
The registrar must determine in an informal proceeding that the bond is duly executed by a corporate surety or individual sureties directed or approved by the court; formal bonds are court-approved, and sureties are ordinarily jointly and severally liable with the representative and each other. The court may release or substitute sureties. A national banking association, Nebraska banking-permit holder, or state-certified trust company is exempt from bond. The fetched provisions state no collateral, restricted-deposit, or blanket-bond reduction rule (§§ 30-2446(1)(e), 30-2447, 30-2449) |
The ordinary qualification provisions impose no extra bond based on the representative's residence and state no cofiduciary-specific bond rule. Section 30-2412 disqualifies only a person under 19 or one found unsuitable in formal proceedings and gives a domiciliary personal representative priority subject to a will naming different representatives; specified banking and trust institutions receive the express bond exception (§§ 30-2412(f)-(h), 30-2446(1)(e)) |
Before receiving letters, the representative must file any required bond and a statement accepting the office. If the summary-estate allegation later fails, bond must be filed promptly. After notice of a qualifying demand, the representative may act only as necessary to preserve the estate until bond is filed or the requirement ceases; failure to give suitable bond within 30 days after receipt of notice is cause for removal and appointment of a successor (§§ 30-2444, 30-2446(3), 30-2448) |
| Nevada verified 2026-08-29 | NRS Chapter 142. Bond is discretionary with District Court: require if desirable; dispense if unnecessary or qualifying blocked account used, regardless of will (§ 142.020) |
Ordinary personal representative, including executor and administrator, in Nevada decedent's-estate administration; corporation may take oath through authorized representative (§§ 138.010, 142.010-.020) |
Express no-bond will allows letters without bond, but court may require later when necessary/proper. Court may also require or dispense whether will requires bond; will-stated amount controls unless court changes it (§§ 142.020, 142.070) |
No beneficiary/heir collective-waiver route stated. Court's necessity/desirability discretion and blocked-account route govern initial excusal (§ 142.020) |
During administration, any person including creditor with estate interest over $10,000 may noticed petition for additional bond. Interested person may also petition over insolvent/departing sureties or other insufficiency; court may act on own motion, and representative/counsel must seek increase when aware (§§ 142.020(4), 142.050, 142.080-.090) |
Default amount: estimated value of all personal property plus 1 year's income from real and personal property. Will amount, court change, or qualifying petition may vary it; blocked account may support no bond (§ 142.020(3)-(5)) |
Blocked domestic credit-union/financial-institution account bars withdrawal without court order. Individual surety justifies Nevada householder/freeholder status and net worth; court may demand added security. Nevada banking corporation/trust company needs no bond unless court specifically requires (§§ 142.020, 142.040-.050) |
No separate natural-person nonresident bond formula stated. Out-of-state bank executor must associate Nevada-authorized bank; its substitute natural person must be Nevada resident. Domestic banking corporation/trust company has bond exception (§§ 138.020(1)(d), 142.020(6)) |
Oath and required bond precede letters/qualification. Insufficiency order gives 5-30 days for security; noncompliance ends administration right, revokes issued letters, and appoints next entitled bonded person. Sworn waste allegation may suspend pending hearing; surety-withdrawal replacement defaults to 5 days unless extended by surety (§§ 138.010, 142.010, 142.060, 142.090-.110, 142.130-.150) |
| New Hampshire verified 2026-08-29 | RSA 553:13 governs ordinary decedent-estate administration in the Probate Division: except for RSA 553:32 waiver administration, no person may administer until giving the judge a bond with sufficient sureties in a reasonable judge-approved sum, or other security acceptable to the judge. The judge may waive bond, sureties, or other security in the judge's discretion (§ 553:13(I), (III)). |
Chapter 553 defines “administrator” to include every person granted administration of an estate or execution of a will and gives first priority to the executor named in the will, so the ordinary rule covers executors and administrators in domestic decedent estates (§§ 553:1-553:2). The general provisions do not prescribe separate versus joint bonds for ordinary co-administrators; RSA 553:32 separately recognizes qualifying co-administrator arrangements. |
The current ordinary-bond statute states no automatic waiver based solely on a will's direction dispensing with bond or surety. A testate estate can avoid bond through RSA 553:32 when its beneficiary/appointment conditions are met, and the judge independently may waive bond, sureties, or other security under § 553:13(III). |
RSA 553:32 eliminates bond (along with inventory and accounting) when the appointed administrator is the sole individual beneficiary or sole heir; when all individual will beneficiaries or all intestate heirs serve as co-administrators; when an appropriate administrator is appointed with the assent of all such beneficiaries or heirs; or when a trust is sole beneficiary and all trustees assent. The statute does not provide a partial waiver protecting nonassenting interests or prescribe substitute assent for minors, incapacitated, unknown, or unborn persons; it does say disclaimer, ademption, or declination to serve may be used to make an estate qualify (§ 553:32(I), (III)). |
The judge may require further bond with sufficient sureties or reduce an existing bond at any time, either independently or on motion of the administrator or a “beneficially interested person” (§ 553:13(IV)). That defined group includes heirs/distributees, unpaid specific legatees, residuary legatees, vested trust beneficiaries, certain wards and successors, the attorney general for charitable-trust estates, trustees of beneficiary trusts, and a creditor known to the fiduciary and unpaid (§ 550:12). Any interested person may petition for full administration before the RSA 553:32 affidavit is filed, but only for good cause; the statutes do not make a creditor's or beneficiary's request for bond automatically controlling (§ 553:32(II)). |
The probate judge approves a “reasonable sum”; RSA 553:13 supplies no formula based on personal property, real property, annual income, rents, or debts. Gross estate value of $25,000 or less changes the security requirement to a personal bond without sureties, not to a stated penal-sum formula. The judge may require further bond or reduce an existing bond when appropriate, and any change in the penal sum requires a court order (§ 553:13(II), (IV); Probate Division Rule 103-B). |
The default is sufficient sureties, but the judge may accept other forms of security in lieu of a bond and may waive bond, sureties, or security (§ 553:13(I), (III)). Estates worth $25,000 or less require only a personal bond without sureties; Probate Division Rule 103-A says personal bonds may be used only when court-ordered and prescribes the principal's undertaking. Rule 103 requires documented authority for a surety-company signer, Rule 103-B requires a court order to change sureties or penal sum, and Rule 22 bars an attorney from serving as surety in a pending case. No ordinary-estate statute or cited rule specifies restricted deposits, blanket bonds, a number of personal sureties, or an institutional personal-representative exemption; § 553:13 separately exempts DHHS when it administers under RSA 126-A:34(I)(e). |
A noninhabitant has no appointment right merely by priority unless the judge finds other circumstances make appointment proper (§ 553:5). Every nonresident administrator, and a resident administrator leaving with intent to be absent over a year, must forthwith file a written appointment of a New Hampshire resident agent; a nonresident must identify that agent in the appointment notice, replace a vacant agent immediately, and is removed for noncompliance (§§ 553:25-553:28). These provisions impose no additional bond amount or surety requirement based solely on nonresidence. |
Bond or acceptable security must exist before the appointee administers the estate; the statute does not state a separate filing deadline, expressly say that letters/certificate must be withheld, or create an automatic lapse for initial nonfiling (§ 553:13(I)). A judge may later require further bond, but the surveyed provisions do not expressly state removal solely for failing to supply it. A qualifying RSA 553:32 administration has no bond; an interested person may obtain full administration for good cause before the affidavit of administration, while summary administration under § 553:33 closes the estate and releases an existing bond. Nonresident-agent noncompliance, by contrast, expressly requires removal (§ 553:28). |
| New Jersey verified 2026-08-29 | N.J.S. 3B:15-1 to -21 and 3B:14-11, -21 use listed triggers, not universal bond: administration, replacement/additional fiduciaries, nonresident executors, specified developmental-disability interests, unsafe property, or insufficient security |
Ordinary intestate administrators, administrators c.t.a., additional/substituted estate fiduciaries, and executors when a listed trigger applies; administration ad litem and surviving-spouse administration of an estate entirely payable to that spouse are exceptions (§§ 3B:15-1, -6) |
Will may provide that no security is required of its named nonresident executor; will may instead require executor bond. No-security direction does not defeat § 3B:15-1(i)'s covered developmental-disability bond, subject to that subsection's own exceptions and good-cause relief (§§ 3B:15-1, -3) |
No general beneficiary/heir/distributee waiver in the cited qualification-bond provisions. Narrow statutory exceptions include surviving-spouse administration when the entire estate is payable to that spouse and § 3B:15-1(i)'s family-member/asset-value exceptions |
Any interested person, including a creditor, may seek bond upon proof that unbonded property is unsafe, insecure, or in danger of waste; court may require further security after hearing interested persons if bond or sureties are insufficient (§§ 3B:15-4, -9) |
Court-approved sum considers estate value and extent of authority; restricted court-directed deposits may reduce the base to the remainder, intermediate account may support a lesser replacement bond, and withdrawal may require added bond (§§ 3B:15-1, -11 to -14, -21) |
Court approves proper conditions and sureties; lawful alternative security counts. Court may restrict cash/securities in an approved NJ institution or national bank. Qualified bank named by instrument ordinarily gives no security unless the instrument requires it (§ 3B:15-2; §§ 3B:15-11 to -13; § 17:9A-30) |
Nonresident executor must give bond unless the will says no security; move from NJ permits court-set security. Additional/substituted fiduciary is bonded, and covered developmental-disability property can override a will waiver before letters or control, subject to listed exceptions (§§ 3B:15-1, 3B:14-11) |
Covered developmental-disability bond precedes letters or authority/control. Will-required executor bond is approved and filed with surrogate or Superior Court clerk. Failure after due notice to obey a security order within court-fixed time permits removal; replacement security can discharge a surety prospectively (§§ 3B:15-1, -3, -18; 3B:14-21) |
| New Mexico verified 2026-08-29 | Under New Mexico's Uniform Probate Code, informal appointment is presumptively no-bond, subject to the special-administrator, express-will, and qualifying-demand exceptions; in a formal proceeding, bond is discretionary at appointment, with special rules for will relief and will-required bond (§ 45-3-603(A)-(B)) |
The Code's personal-representative term includes an executor, administrator, successor, special administrator, and substantially equivalent fiduciary, while a general personal representative excludes a special administrator. The ordinary rules distinguish informal from formal appointment; special administration is only a boundary exception here (§§ 45-1-201(37), 45-3-603) |
In informal proceedings, a will's express bond requirement triggers bond. In formal proceedings, a will may relieve the representative of bond, but a qualifying interested-person request plus district-court order overrides that relief; conversely, the district court may dispense with a bond the will requires if it determines bond is unnecessary (§ 45-3-603(A)(2), (B)) |
The surveyed provisions provide no automatic waiver by beneficiaries, heirs, devisees, or distributees, unanimously or otherwise. A beneficiary, heir, or devisee within the context-dependent definition of interested person may petition the district court to excuse bond, but relief is discretionary (§§ 45-1-201(26), 45-3-604(C)(1)) |
A person apparently holding an estate interest over $7,500 or a creditor with a claim over $7,500 may file a written demand and mail a copy to an already appointed and qualified representative. The representative must post bond or petition for a determination; on a representative's or another interested person's petition, the district court may excuse bond, change its amount, release sureties, or substitute the bond or sureties (§§ 45-3-604(C), 45-3-605) |
If neither will nor order specifies the amount, the qualifying person swears to the best estimate of the decedent's personal estate plus expected income from personal and real estate during the next year and files bond or other suitable security for at least that estimate. The court may reduce for estate assets restrictively deposited at a domestic financial institution and may later increase or reduce the amount on petition; no doubling, fixed minimum beyond the estimate, or maximum appears (§ 45-3-604) |
The court accepts a corporate surety or one or more individual sureties; other suitable security is permitted. A restricted domestic-financial-institution deposit can reduce the bond, and no bond is required for a representative statutorily exempt or one who has deposited cash or collateral with a New Mexico agency. Unless the approved bond says otherwise, sureties are jointly and severally liable with the representative and each other (§§ 45-3-603(C), 45-3-604(A)-(B), 45-3-606(A)(2)) |
The surveyed bond provisions state no nonresident-specific bond, resident-agent, or resident-cofiduciary rule. General qualification disqualifies a minor and anyone the court finds unsuitable in formal proceedings; the bond sections do not state a separate co-representative bond format (§§ 45-3-203(F), 45-3-603 to -606) |
Before receiving letters, the representative must file any required bond and an acceptance statement; powers and administration require appointment, qualification, and letters. After notice of a qualifying demand, only estate-preservation powers may be used until bond is filed or the requirement ends, and failure to meet the requirement within thirty days is cause—not automatic removal—for removal (§§ 45-3-103, 45-3-601, 45-3-605) |
| New York verified 2026-08-29 | SCPA Article 8 governs Surrogate's Court bonds. Administrator and administrator c.t.a. bond is the default before letters; an ordinary executor gives no bond unless the will, § 806, or § 710 requires it. No bond is required for covered fiduciaries when administered assets do not exceed SCPA's small-estate amount (§§ 801, 805, 710) |
Domestic decedent-estate executor, administrator, administrator c.t.a., administrator d.b.n., successor, and cofiduciary rules. Amount rules also name temporary administrators, but this survey excludes that office. Trustee, guardian, life-tenant, and ancillary bond rules are outside scope except where § 806 changes an executor's bond duty (§§ 801, 805-806, 710) |
Ordinary executor starts with no bond; a will may require one. An executor holding, managing, or investing property for another must bond unless the will provides otherwise. Section 805 gives no will-waiver route for an administrator or administrator c.t.a.; their relief comes through whole-estate entitlement or interested-person consents (§§ 805-806, 710) |
Administrator relief: court may dispense with or reduce bond if appointee(s) are entitled to the whole estate or all interested persons file acknowledged consents. Partial consents must release bond claims; remaining bond protects creditors and nonconsenting persons. Court may investigate creditor claims by four weekly publications with a filing date at least 30 days after first publication (§ 805) |
No general automatic creditor-demand route appears in §§ 801-806 or 710. Court may increase or decrease a required bond for good reason, investigate assets under oath, control sureties, restrict property, and set administrator relief to protect creditors/nonconsenting interests. Non-domiciliary objections can trigger executor bond under § 710 (§§ 801, 803, 805, 710) |
Ordinary minimum for executor/administrator classes: personal property receivable + estimated gross rents for 18 months + probable recovery in fiduciary-prosecuted causes of action; successor amount considers prior administration. Limited/restrictive letters, small-estate treatment, court adjustment, and restricted deposits can reduce or eliminate bond (§§ 801, 803) |
Court approves and files every bond; it may require one, two, or more sureties or dispense with sureties for good reason. Licensed corporate surety may use a standing service designation. Court may place assets with a fiscal officer, clerk, trust company, bank, or safe-deposit company and reduce bond to the unblocked remainder; individual cofiduciaries with a bank/trust company may be bonded on court-set terms (§§ 801-804) |
A nominated executor found non-domiciliary may still receive letters by giving the prescribed bond; a U.S.-citizen fiduciary who becomes non-domiciliary after letters may be required to bond after objection and proof. Estate property may not leave New York without prior court approval and any bond the court requires. Section 708 recognizes trust companies and other fiduciaries exempted by law from oath and bond (§§ 708, 710) |
Before letters, fiduciary files domicile/service designation, oath unless exempt, and any required bond; administrator/administrator c.t.a. bond expressly precedes letters. Administrator receiving real-property disposition proceeds needs sufficient existing or further bond unless dispensed with. Court may suspend, modify, or revoke letters without process for failure to give that sale/proceeds bond or ordered new bond/surety (§§ 708, 719, 805) |
| North Carolina verified 2026-08-29 | Chapter 28A, Article 8: bond before letters unless § 28A-8-1(b) applies. Resident executor ordinarily exempt unless will expressly requires bond; administrators generally bond unless another listed exception applies (§ 28A-8-1) |
Ordinary personal representative in a decedent's estate; statutory term includes executor and administrator but excludes collector. Article 8 separately addresses administrator with will annexed and nonresident/coexecutors (§§ 28A-1-1(5), 28A-8-1) |
Resident executor needs no bond unless will expressly requires it. Nonresident executor with resident process agent is exempt only when will expressly excuses bond; qualified resident coexecutor can also support exemption unless will requires bond or clerk finds protection requires it (§ 28A-8-1(b)(1)-(3)) |
For resident intestate representative, all heirs must be over 18 and file written waiver; for resident administrator with will annexed, all devisees must be over 18 and file written waiver. Representative receiving all decedent property is separately exempt (§ 28A-8-1(b)(6)-(8)) |
Any interested person may file verified petition to modify an existing inadequate bond/security; clerk may act independently and must order new bond/additional security if inadequacy is found. No automatic initial creditor-demand route stated; surety may petition for protection or discharge (§§ 28A-8-3(a), 28A-8-5) |
Corporate surety: at least 1.25× personal property, but above $100,000 clerk may accept value +10%; personal sureties, NC real-estate security, or securities deposit: 2× personal property. Restricted principal deposits may be excluded/reduced; reduction cannot fall below § 28A-8-2(3) (§§ 28A-8-1.1 to -3) |
Authorized corporate surety; 2+ NC-resident personal sureties owning NC real estate; first NC mortgage/deed of trust; or qualifying negotiable securities deposited with clerk. Licensed trust institution is exempt, and restricted bank/savings deposits can reduce amount (§§ 28A-8-1(b)(5), 28A-8-1.1, 28A-8-2(4)) |
Nonresident representative must appoint/file NC resident process agent. Nonresident executor ordinarily bonds unless express will excuse plus agent, or qualified resident coexecutor; clerk may override coexecutor exception when protection requires. Wrongful-death-only representative is exempt until receiving estate property (§§ 28A-4-2(4), 28A-8-1(b)(2)-(4)) |
Required initial bond precedes letters. Ordered new/additional bond or security gets 5-15 days; noncompliance produces summary revocation, after which authority ceases and assets/accounting must pass to successor, remaining representative, or clerk (§§ 28A-8-1(a), 28A-8-4, 28A-9-2(a)(3), 28A-9-3) |
| North Dakota verified 2026-08-29 | North Dakota's Uniform Probate Code makes bond presumptively unnecessary in informal proceedings, subject to an express will requirement, a qualifying demand, and the out-of-scope special-administrator exception; in formal proceedings bond is discretionary by court order (N.D.C.C. § 30.1-17-03) |
Covers an executor, administrator, and successor personal representative in informal or formal proceedings; the statutory definition also includes special administrators, which this survey excludes (§§ 30.1-01-06(21), (26)-(27), (32), (42), (53), (55), 30.1-17-03) |
In formal proceedings a will's relief from bond applies unless an interested party requests bond and the court finds bond desirable; conversely, the court may dispense with a bond the will requires if it determines bond is unnecessary. In informal proceedings an express will requirement triggers bond (§ 30.1-17-03) |
Sections 30.1-17-03 to 30.1-17-05 create no separate written or unanimous heir, devisee, beneficiary, or distributee waiver. A person who qualifies as interested may petition the court to excuse bond, but court action—not a private waiver—changes the requirement (§§ 30.1-01-06(27), 30.1-17-04) |
A person apparently holding an estate interest over $1,000 or a creditor with a claim over $1,000 may file a written demand with the court and mail a copy to an already appointed and qualified representative; bond then is required unless the demandant's interest ends or the bond is excused. On petition, the court may excuse, increase, reduce, release, or substitute security (§§ 30.1-17-04 to 30.1-17-05) |
If the will, order, application, or petition does not set the amount, the applicant states under oath the best estimate of the decedent's personal estate plus expected income from personal and real estate during the next year and files bond or other suitable security for at least that estimate. Restricted domestic-financial-institution deposits may reduce it (§ 30.1-17-04) |
The court approves a corporate surety or one or more individual sureties secured by pledged personal property, a real-property mortgage, or other adequate security; other suitable security is allowed. A statutory State-agency cash or collateral depositor needs no bond, and sureties are ordinarily jointly and severally liable. The surveyed provisions state no separate bank, trust-company, or co-representative exception (§§ 30.1-17-03 to 30.1-17-06) |
The ordinary bond provisions state no extra bond, resident-agent, or resident-cofiduciary rule based on the representative's residence. General qualification bars a person under 18 and anyone the court finds unsuitable in formal proceedings; a domiciliary representative has statutory priority subject to a different North Dakota will nomination (§ 30.1-13-03(6)-(8)) |
Any required bond and acceptance must be filed before letters. After notice of a qualifying demand, the representative may act only as necessary to preserve the estate until bond is filed or the requirement ends; failure to give suitable bond within 30 days after notice is cause for removal and successor appointment (§§ 30.1-17-01, 30.1-17-05) |
| Oklahoma verified 2026-08-29 | 58 O.S. §§ 171-188. Default bond before letters, but District Court may order no bond when circumstances indicate none is necessary (§ 171) |
Executor or administrator receiving letters testamentary or administration in Oklahoma district-court probate. Bond is conditioned on faithful performance (§§ 171, 173) |
Will must expressly provide no bond. Court may require bond for good cause before letters and may require one later whenever necessary or proper (§ 178) |
No separate heir, beneficiary, or distributee waiver stated in the bond chapter; court may independently order no bond when circumstances indicate none is necessary (§ 171) |
Any interested person may verified-petition for further security when sureties are or are becoming insolvent, leave or may leave Oklahoma, or bond is otherwise insufficient. Court may also act without application; citation, at least 5 days' certified-mail notice, hearing, and reasonable compliance period of at least 5 days apply (§§ 176, 179-184) |
Court-set penalty after sworn examination about probable personal-property value, probable annual real-property rents, and other circumstances. No fixed minimum, maximum, doubling rule, restricted-deposit reduction, or automatic periodic amount formula stated (§ 171) |
Joint-and-several bond; 2+ sufficient sureties approved by judge, or one authorized corporation as sole surety. Individual sureties must be Oklahoma resident householders/freeholders meeting net-worth affidavit rules. Cofiduciaries give separate bonds unless one corporate-surety joint bond is used (§§ 171, 174, 176; 18 O.S. § 481) |
No separate nonresident bond amount. Before duties, nonresident executor/administrator must file a written appointment of a resident agent in the appointment county and consent to equivalent process service (58 O.S. § 162) |
Initial bond precedes letters. Insufficient security not cured in ordered time ends administration right; missed new-bond order revokes letters and authority. Waste allegation may suspend powers pending hearing; annual bond review and failure to give demanded security require removal; failure to replace a withdrawing surety requires revocation (§§ 171, 177, 182-187) |
| Oregon verified 2026-08-29 | ORS §§ 113.105 and 113.125. Bond is mandatory by default before acting or letters; Circuit Court sets it, subject to statutory exceptions and waivers |
Ordinary personal representative in an Oregon decedent's-estate proceeding. Special administrators are outside this survey's scope |
Will may provide that no bond is required, but court may require one for good cause despite the will (§ 113.105(2)(a)) |
Sole heir or devisee serving as representative is exempt unless court finds good cause for bond. No general collective beneficiary/heir waiver stated (§ 113.105(2)(b)) |
No automatic interested-person or creditor demand stated. Representative may request waiver by stating reasons and known creditors; court may later increase, reduce, or require new bond (§§ 113.105(4), 113.115) |
Court-set amount adequate to protect interested persons, considering asset nature/liquidity/apparent value, anticipated administration income, and probable debt and taxes. Restricted financial-institution assets or court-restricted dispositions support waiver/reduction (§ 113.105(1)(b), (5)) |
Surety must qualify under ORCP 82 D-G. Court-restricted withdrawal or disposition can support waiver/reduction; trust company appointed as fiduciary needs no oath, indemnity bond, or other security except under cited banking provisions (§§ 113.105(1), (5)-(6), 709.240) |
No separate nonresident bond formula stated; resident and nonresident representatives both submit to Oregon jurisdiction by accepting appointment. Listed state/public fiduciaries and no-known-assets petitions are exempt (§§ 113.087, 113.105(2)(c)-(d)) |
Required bond must be provided before acting and filed before letters issue. If initially exempt for no known assets, move to set or waive bond within 30 days after first inventory/supplement showing assets; court may later require new bond (§§ 113.105(1), (3), 113.115, 113.125) |
| Pennsylvania verified 2026-08-29 | 20 Pa.C.S. Ch. 31 Subch. E. Before letters, personal representative ordinarily files Commonwealth bond with sufficient surety in register-set amount based on controlled personal estate. Section 3174 supplies corporate and individual exceptions, subject to will requirement or court order (§§ 3171, 3174) |
Ordinary executor, administrator, administrator c.t.a./d.b.n., successor, and co-personal representatives. If decedent held a separate fiduciary estate, register may require an additional separately conditioned bond on a party-in-interest application. Temporary/pendente lite, guardian, trustee, ancillary, and small-estate routes are excluded (§§ 3171, 3173) |
For an individual named original/successor executor, express will direction excusing bond is one no-bond route; resident nomination alone also qualifies. But any will may require bond, and court may order bond despite an exemption. Will waiver does not override court's cause-based power (§§ 3174-.3175) |
Resident nonnamed representative needs no bond if sole residuary legatee/next of kin or nominee of all adult, legally competent residuary legatees/next of kin, unless will/court requires. All parties in interest may waive only register-requested additional security after inventory/tax-return review; prescribed signed form and disclosures required (§§ 3174-.3175) |
Court, on cause shown and court-directed notice, may require surety bond, increase/decrease amount, or require more/less security. Party in interest may request separate protection for property decedent held as fiduciary. Register may demand additional security after inventory or inheritance-tax return; no separate automatic creditor-demand threshold (§§ 3173, 3175) |
Register sets amount considered necessary based on value of personal estate coming under representative's control; co-representative condition protects performance by each. Separate decedent-fiduciary-estate bond is set as necessary to protect parties in interest. Statutes state no fixed multiplier, income period, real-property inclusion, or blocked-deposit reduction formula (§§ 3171, 3173) |
Bond runs to Commonwealth with sufficient surety; subchapter states no fixed surety count, corporate-versus-personal formula, or cash/deposit substitute. No bond for listed Pennsylvania bank/trust companies and national banks, or qualifying out-of-state corporate fiduciaries under reciprocal exemption. Court can require more/less security (§§ 3171, 3174-.3175) |
Named nonresident executor can avoid bond only by serving with a resident co-representative who needs no bond and averring all assets remain in resident's custody/control; otherwise § 3174's resident/excuse rules govern. Register may refuse administration letters to a nonresident. Reciprocal corporate exemption applies to qualifying foreign fiduciaries (§§ 3157, 3174) |
Oath and any required bond precede letters. Register's added-security demand follows inventory/tax-return review and, absent all-party waiver, noncompliance goes to court for enforcement; no fixed deadline or automatic lapse stated. Representative who leaves Pennsylvania without court-directed security may be removed. Surety-only discharge bars further asset control until replacement bond (§§ 3161, 3171, 3175, 3182, 3184) |
| Rhode Island verified 2026-08-29 | Chapter 33-17 makes a probate-court bond the default before an executor or administrator enters the trust; the probate court fixes the amount and sufficient surety (§ 33-17-1) |
Covers an executor, administrator with the will annexed, and intestate administrator in ordinary probate; joint executors or administrators may give a joint or several bond, or each may give a separate bond (§§ 33-17-1, 33-17-8) |
A will direction excusing an executor from bond or surety excuses only surety; the executor still gives a bond, and the probate court may require surety at any time (§ 33-17-4) |
No general unanimous beneficiary or heir waiver appears in the surveyed bond provisions. For intestacy, a surviving-spouse or sole-heir administrator needs no surety; another heir may obtain no-surety treatment by satisfying the probate court, which may still require surety when circumstances warrant (§ 33-17-1.2) |
The surveyed provisions state no private demand threshold making bond automatic. The probate court fixes initial security, must require further bond or sureties when amount or security is insufficient, may cancel and replace a bond for cause, and may order a new bond after a surety's noticed application if the estate will not be prejudiced (§§ 33-17-1, 33-17-10 to 33-17-12) |
The probate court sets any sum it requires; Chapter 33-17 states no property-and-income formula, doubling rule, minimum, or maximum. An executor authorized by the will or serving as residuary legatee may instead use a court-satisfactory debts, legacies, funeral-charges, and family-allowance bond (§§ 33-17-1, 33-17-3) |
Default bond uses sufficient court-required surety or sureties; the will and § 33-17-1.2 routes waive surety rather than bond. Joint fiduciaries may use joint, several, or separate bonds. The surveyed creation-and-modification provisions state no restricted-deposit reduction, cash-collateral substitute, blanket bond, or institutional-fiduciary exception (§§ 33-17-1 to 33-17-4, 33-17-8, 33-17-10 to 33-17-12) |
A nonresident has no appointment right as administrator merely by priority unless the court finds other circumstances make appointment proper; the surveyed provisions impose no separate nonresident bond amount, resident-agent, or resident-cofiduciary rule (§ 33-8-7) |
Bond precedes entering the trust. Failure to file an approved required bond for 30 days after appointment may be adjudged a declination; a named executor's 30-day failure to qualify permits letters to another executor or will-annexed administration. Failure to supply further security within the court-fixed time requires removal without further notice, and noncompliance with a surety-triggered new-bond order permits removal (§§ 33-8-4, 33-17-1, 33-17-5, 33-17-10, 33-17-12) |
| South Carolina verified 2026-08-29 | S.C. Code §§ 62-3-601, 62-3-603 to -606. Bond is excused through listed representative, will, and heir/devisee routes, subject to special-administrator and demand exceptions; court retains amount and security authority |
Ordinary executor, administrator, corporate representative, or other personal representative in Probate Code administration. Special administrator is expressly outside ordinary no-bond exceptions and outside this survey's ordinary-representative scope (§§ 62-3-601, 62-3-603) |
Representative named in will ordinarily needs no bond unless will expressly requires one; qualifying state agency, bank, or trust company also remains subject to an express will requirement. Named representative's nominee receives only discretionary no-bond treatment (§ 62-3-603(A)) |
All heirs and devisees may agree to waive; sole heir/devisee needs no bond. Separate gross-estate-under-$20,000 route requires representative affidavit/personal liability plus written agreement by all known beneficiaries and other interested persons; creditors excluded (§ 62-3-603) |
Person with apparent estate interest over $5,000 or creditor claim over $5,000 may file written demand and mail representative; bond then required in court-set amount protecting demandant. Court otherwise may increase, reduce, release, replace, or dispense with bond/security (§§ 62-3-604 to -605) |
Absent will/order amount: sworn estimate of personal estate plus next year's expected personal-estate income; bond/security at least that amount. Restricted domestic-financial-institution assets may reduce it, and court may later change or dispense with amount/security (§ 62-3-604) |
Corporate surety or one or more individual sureties secured by pledged personal property, real-property mortgage, or other adequate security; other suitable security allowed. State agency, bank, or trust company ordinarily exempt unless will requires bond (§§ 62-3-603 to -604) |
No separate individual nonresident bond formula. Representative must be 18+ and suitable; for a South Carolina domiciliary estate, specified out-of-state/foreign corporations and their agents acting for them are disqualified (§ 62-3-203(e)-(f)) |
Required bond and acceptance precede letters. After demand notice, representative may only preserve estate or pay demandant until bond filed/requirement ends; failure within 30 days is cause for removal unless good cause shown (§§ 62-3-601, 62-3-605) |
| South Dakota verified 2026-08-29 | Current § 29A-3-603, amended in 2025, makes bond exceptional: none is required unless the circuit court concludes bond is in the estate's best interests |
Covers an executor, administrator, and successor personal representative in informal clerk or formal circuit-court proceedings; the statutory definition also includes special administrators, which this survey excludes (§§ 29A-1-201(8), (18), (22)-(23), (26), (34), (42), (45), 29A-3-603) |
A will waiver does not eliminate the court's current estate-best-interests authority. If the court requires bond, the will or appointment order may specify the amount; otherwise the statutory estimate controls (§§ 29A-3-603 to 29A-3-604) |
The surveyed provisions create no private written or unanimous beneficiary, heir, devisee, or distributee waiver. An interested person may petition the court concerning whether bond should be required and its amount or sureties, but court action controls (§§ 29A-1-201(23), 29A-3-604(c)) |
There is no current automatic demand threshold. Because creditors fall within 'interested person,' a creditor or other interested person may petition; the court may require bond, increase or reduce it, release sureties, or substitute another bond or sureties (§§ 29A-1-201(23), 29A-3-603 to 29A-3-604) |
If neither will, appointment order, application, nor petition states the amount, the applicant swears to the best estimate of personal-estate value plus expected income from personal and real estate during the next year and files bond or other suitable security for at least that estimate. Restricted in-state financial-institution deposits may reduce it (§ 29A-3-604(a)-(b)) |
The clerk approves a corporate surety or one or more individual sureties secured by pledged personal property, a real-property mortgage, or other adequate security; other suitable security is allowed. Sureties are ordinarily jointly and severally liable. No separate institutional-fiduciary or co-representative bond exception appears, but an unqualified bank or trust company cannot serve (§§ 29A-3-203(f)(3), 29A-3-604, 29A-3-606) |
The ordinary bond provisions state no extra bond, resident-agent, or resident-cofiduciary rule based on the representative's residence. A representative must be at least 18, not formally found unsuitable, and, for a bank or trust company, qualified to exercise trust powers in South Dakota (§ 29A-3-203(f)) |
Any required bond and acceptance must be filed before letters, and administration begins with letters. The bond sections state no separate filing deadline or automatic lapse; disregarding a court bond order or failing a duty can support a noticed removal petition, after which acts are limited as ordered to accounting, correction, or preservation (§§ 29A-3-103, 29A-3-601, 29A-3-611) |
| Tennessee verified 2026-08-29 | Bond required before letters unless will, sole-beneficiary, unanimous capable-adult-beneficiary, or qualifying-bank exception applies; waste-risk petition can restore bond (Tenn. Code §§ 30-1-201, 30-1-207) |
Executor, administrator, and administrator with will annexed in ordinary estate administration; bond form and liability reach both testate and intestate offices (§§ 30-1-201, -203 to -204) |
Will may excuse representative from bond, but interested-person waste/likely-waste petition may support court-ordered bond (§ 30-1-201(a)(1)(A), (b)) |
Sole beneficiary who is representative needs court approval; otherwise all beneficiaries must be capable adults, unanimously file sworn/perjury consent, and obtain court approval (§ 30-1-201(a)(1)(B)-(C)) |
Interested person may petition on waste risk; court may require advisable amount. On showing amount or surety solvency is insufficient, court must increase amount/add sureties; administration-bond petition has 10-day service (§§ 30-1-201(b), -202, -207(a)-(b)) |
Court-set amount may not be below estate value subject to administration or above 2× that value; court may increase/decrease anytime. Court-approved locked principal can reduce bond to interest only (§§ 30-1-201(a)(2), 35-50-111) |
At least 2 sufficient sureties or 1 corporate surety; qualifying bank may be exempt. Court must add sureties on solvency showing; approved financial-institution lock can exclude principal (§§ 30-1-201, -202, 35-50-111) |
Any nonresident person may serve, but must appoint secretary of state for service. Court may bond personal-estate assets removed from Tennessee despite waiver; intestate nonresident must bond unless all heirs join authorizing petition (§ 35-50-107(a)(2)(B), (b)(2), (c)) |
Bond, when required, and oath precede letters. After an administration-bond order, noncompliance within 10 days requires appointment of a bonded administrator who immediately calls the former representative to account (§§ 30-1-111, -201(a)(2), -207) |
| Texas verified 2026-08-29 | Texas Estates Code Chapter 305 makes bond the default before letters testamentary or administration. Exceptions: qualified named executor whose Texas-probated will directs no bond/security, and a corporate fiduciary. Independent administration under § 401.005 has a separate waiver route (§§ 305.101, 401.005) |
Ordinary dependent executor, administrator, and administrator with will annexed; Chapter 305 also covers joint and successor representatives. Section 401.005 separately governs independent executors created by distributee agreement. Temporary, public, ancillary, guardian, trustee, and other bonds remain outside scope (§§ 305.001-.103, 401.005) |
Texas-probated will may direct no bond or security for its named executor; court must still find the person qualified. The exception does not state a will-waiver route for an administrator and does not prevent later risk-based bond under § 305.102. Corporate fiduciary needs no bond (§§ 305.101-.102) |
For an independent administration created under §§ 401.002-.003, court may waive bond on application. If will lacks no-bond language, all distributees may agree in the probate application or separate consents; waiver is denied if court finds it contrary to estate's best interest. Sole post-debt entitlement reduces ordinary bond to creditor protection, not automatic zero (§§ 305.151, 401.005) |
Sworn creditor or other interested person may complain against an otherwise unbonded executor; after citation/hearing, court must require bond within 10 days if waste, mismanagement, or misapplication probably threatens debt or estate interest. Interested person may seek a new bond that is insufficient, defective, lost, or destroyed; judge may order or cite without delay (§§ 305.102, .251-.253) |
Judge sets sufficient protection for estate/creditors; sole post-debt taker needs creditor-only coverage. Ordinary amount = estimated personal property + next 12 months' interest, dividends, collectible claims, installments/periodic payments excluding Social Security, and rentals. Court-ordered or voluntary deposits reduce amount proportionally (§§ 305.151, .153, .155-.156) |
At least two personal sureties with adequate nonexempt Texas property, or ordinarily one authorized corporate surety; personal sureties' total reachable net worth must be at least 2× bond. Over $50,000, court may require two corporate sureties or one corporate plus two personal; estate pays corporate-bond cost. Representative or personal surety may substitute court-accepted cash/securities; restricted estate deposits also reduce bond (§§ 305.155-.156, .201-.203, .207) |
Chapter 305 states no nonresident-specific bond rule; its express exceptions turn on a Texas-probated will's direction and corporate-fiduciary status. Joint representatives may give separate or joint bond. Independent-executor bond under § 401.005 may use a judge-approved adequate bond or one authorized corporate surety (§§ 305.101, .103, 401.005) |
Required bond, filing, and judge approval are part of qualification before letters. Bond may be filed before day 21 after appointment or bond modification, or before revocation for qualification failure. Risk-based bond for an unbonded executor is due by day 10 absent extension, with mandatory removal on default. A new-bond order suspends all but preservation powers until approved (§§ 305.002, .004, .102, .252-.254) |
| Utah verified 2026-08-29 | Utah Code §§ 75-3-601 to -606. No bond by default in formal or informal probate; listed will, request, demand, and special-administrator exceptions apply, subject to court power to dispense if unnecessary (§ 75-3-603) |
Ordinary personal representative, including executor, in formal or informal estate administration. Special administrator without notice is an express exception but outside this ordinary-representative survey (§ 75-3-603) |
No will waiver is needed because no bond is default. An express will requirement makes bond due, but court may dispense with it as unnecessary; will or order may specify amount (§§ 75-3-603(1)(b), (2), 75-3-604) |
No beneficiary/heir waiver is needed or stated. Interested person may request bond before appointment; qualifying interest holder may later demand it, and requirement ends if demander withdraws or ceases to be interested (§§ 75-3-603(1)(c), 75-3-605) |
Before appointment, interested party may request bond. After excusal, person with apparent estate interest over $5,000 or unsecured creditor claim over $5,000 may written-demand it. Personal representative or interested person may petition to excuse, increase, reduce, release sureties, or substitute bond (§§ 75-3-603 to -605) |
Unless will/order or application/petition supplies amount, sworn estimate covers personal and real estate plus expected next-year income from both, reduced by secured claims. Restricted domestic-financial-institution assets may reduce amount; court may increase/reduce (§ 75-3-604) |
Bond, other suitable security, corporate surety, or 1+ individual sureties backed by pledged personalty, realty mortgage, or adequate security. Sureties jointly/severally liable unless bond says otherwise; restricted deposit may reduce. Title 7-exempt financial-institution representative needs no bond (§§ 75-3-603(1), 75-3-604, 75-3-606) |
No separate nonresident amount, surety, agent, or cofiduciary rule stated in §§ 75-3-601 to -606. Every accepting representative submits personally to probate-court jurisdiction for estate proceedings (§ 75-3-602) |
Required bond and acceptance statement precede letters. After notice of qualifying demand, representative may act only to preserve estate until bond filed or requirement ends. Suitable bond due within 30 days after notice; failure is cause for removal and successor appointment (§§ 75-3-601, 75-3-605) |
| Vermont verified 2026-08-29 | 14 V.S.A. §§ 906-909; mandatory court-set bond for executor or administrator before letters. Court may order sureties, but bond and surety are distinct (§ 906) |
Ordinary executor and administrator, including multiple fiduciaries and a successor selected after refusal/nonbonding; administrator c.t.a. follows if named executors do not accept and bond (§§ 906, 908-910) |
No will-waiver authority in §§ 906-910; mandatory bond remains. A will may name executor, but refusal or 20-day neglect to bond displaces that nominee (§ 909) |
Interested parties may consent to waiver of surety on Judiciary form, but judge decides; waiver leaves the mandatory estate-administration bond in place. Statute states no beneficiary waiver of the bond itself (§ 906; official Judiciary guidance) |
Bond already mandatory, so no separate interested-person/creditor demand trigger in §§ 906-910. Probate Division sets amount/conditions and decides sureties; § 917 permits notice, corrective orders, restraint, suspension, or removal for procedural or administration failures |
Probate Division sets amount; § 906 states no fixed formula, multiplier, minimum, restricted-deposit reduction, or periodic recalculation. Judiciary guidance says amount is generally estate value |
Court may order sureties; with multiple executors/administrators it may take separate or joint bonds, each with or without sureties. Judiciary recognizes personal or commercial surety and judge-decided surety waiver; no collateral/deposit or corporate-fiduciary bond exception stated (§§ 906, 908) |
Nonresident appointment is discretionary and requires filed Vermont resident-agent appointment/acceptance, but § 906 states no different amount or surety rule. Minor nominee cannot receive letters; another executor or suitable person bonds instead (§§ 904, 910) |
Bond filed before letters. Named executor who refuses or neglects bond for 20 days cannot act; Court may appoint another bonded nominee or administrator c.t.a. General § 917 permits cure notice, restraint, suspension, contempt, surcharge, or removal (§§ 906, 909, 917) |
| Virginia verified 2026-08-29 | Bond is required to qualify; security/surety is also the default unless a statutory exception applies (Va. Code §§ 64.2-503, -505, -511) |
Ordinary executor, intestate administrator, and administrator with the will annexed; separate rules address authorized bank/trust-company and corporate fiduciaries (§§ 64.2-500, -503, 6.2-1003) |
Will may waive security—not the bond—only for the executor nominated in it; pecuniary-interest motion and nonresident surety rule can override (§§ 64.2-505(A)(2)-(B), -1426(A)) |
No general written waiver; no security when all distributees or all will beneficiaries are personal representatives, with partial protection for nonrepresentative interests and a sole-interest disclaimer route (§ 64.2-505(A)(1), (C)) |
Legatee, devisee, distributee, or any pecuniary-interest holder may move with service and a hearing; court/clerk may set sufficient security. Commissioner and court may later investigate and require new/additional bond (§§ 64.2-505(B), -1204, -1410) |
At least full personal estate; add real-estate value or rents/profits if the will gives those powers. Clerk must redetermine downward on a confirmed account or approved recorded inventory, except a court-set bond (§ 64.2-504) |
Qualified corporate surety may stand alone; ≤$35,000 small-asset fiduciary may be allowed bond without surety; qualifying banks/trust companies and their cofiduciaries receive limited exemptions; court-blocked assets can waive/reduce bond (§§ 49-15, 6.2-1003, 64.2-1411, -1413) |
Nonresident natural-person fiduciary files service consent and ordinarily must give bond with surety despite § 64.2-505, unless a resident cofiduciary qualifies simultaneously or § 64.2-1411 permits no surety (§ 64.2-1426(A)) |
Oath and bond precede qualification and ordinary executor powers; named executor's bond failure permits administration with will annexed. Later new/additional-bond noncompliance may support revocation after reasonable notice (§§ 64.2-500, -503, -511, -1410) |
| Washington verified 2026-08-29 | In all other cases, unless court-waived, personal representative gives court-directed bond or other security; will, spouse/domestic-partner, and bank/trust-company exceptions apply (RCW 11.28.185) |
Ordinary executor, administrator, and administrator with will annexed within Title 11's personal-representative rules; special administrators remain outside this survey (RCW 11.02.005(15)) |
Will terms need only manifest intent that the appointed representative furnish no bond or other security; court may still require bond/additional bond after appointment (RCW 11.28.185) |
No general beneficiary waiver; separate exception when surviving spouse/domestic partner is representative and court finds entire estate, after expenses and creditor claims, distributable to that person (RCW 11.28.185) |
Interested person—heir, devisee, beneficiary, legatee, or creditor with duly served/filed claim—may challenge bond/sureties; court may act on petition or own motion and later add, reduce, or substitute security (RCW 11.02.005(10); 11.28.185, .190, .210) |
No ordinary formula: court directs amount. Special § 11.28.120(3) appointee ordinarily bonds commensurate with identified major probate assets; court may reduce on proper showing (RCW 11.28.185) |
Court directs surety or sureties and may substitute other adequate security/financial arrangements; authorized bank/trust company gives no bond, and specified professional entity gets special-appointee exception (RCW 11.28.185; 11.36.010(2)-(3)) |
Nonresident appoints county-resident agent or estate attorney for service and must file court-approved bond unless waived; post-90-day catch-all appointee faces special bond rule unless specified entity (RCW 11.36.010(6); 11.28.120(3), .185) |
Required Washington bond and oath precede letters; later new/additional bond has no fixed statutory cure or automatic lapse stated. General revocation after notice/hearing ends powers immediately (RCW 11.28.170, .185, .250) |
| West Virginia verified 2026-08-29 | West Virginia Code Chapter 44 makes oath and bond the ordinary qualification rule before an executor has powers and at the grant of intestate administration, subject principally to § 44-1-8's will waiver and no-surety rules; the county commission or its clerk handles the grant and bond (§§ 44-1-1, 44-1-4(a), 44-1-6, 44-1-8) |
The ordinary provisions cover executors, intestate administrators, and administrators with the will annexed; Article 5's fiduciary-security rules apply to personal representatives (as well as excluded curators and minor guardians), but the surveyed statutes do not state a distinct ordinary co-representative bond rule (§§ 44-1-1 to -3, 44-1-6 to -8, 44-5-11) |
A will direction that an executor not give bond excuses the bond, subject to the nonresident statute; at probate or later, any interested person's application and a hearing permit the county commission to require bond. For a covered nonresident named executor, the will may excuse bond or specify its amount, but an interested person's application or the commission's or clerk's knowledge may produce a greater-bond requirement (§§ 44-1-8(a), 44-5-3(b)(2)) |
The code does not provide a general written or unanimous beneficiary/heir waiver. Instead, an executor who is the sole beneficiary or an administrator who is the sole distributee needs no surety unless the will directs otherwise or, on an interested person's application after hearing, the county commission requires surety; the fiduciary remains personally liable on the bond (§ 44-1-8(b)-(c)) |
Any interested person may apply for bond despite a will waiver or for surety despite the sole-beneficiary/distributee rule, with a hearing required. Separately, on a clerk/commissioner report or evidence from any interested party, the county commission may order an additional bond in a proper penalty with or without sureties; a surety or the surety's personal representative may require a new-bond order, after reasonable notice (§§ 44-1-8(a)-(b), 44-5-5) |
The ordinary minimum penalty is the full value of personal estate to be administered, plus—if the will authorizes it—the full real-estate value authorized for sale or the rents and profits authorized for receipt. A deficient amount discovered from the appraisement triggers a new or additional bond. Most nonresidents use at least double those bases, with a statutory ordinary-penalty exception for specified close relatives or a sole beneficiary; no ordinary restricted-deposit reduction formula is stated (§§ 44-1-7, 44-5-3(b)(1)) |
Sole-beneficiary executors and sole-distributee administrators ordinarily give a personal-recognizance bond without surety; most nonresident individuals must use a corporate surety qualified in West Virginia. Certain public officials, fiduciary commissioners, and attorneys may not be accepted as surety. Qualified banking institutions and specified trust-power affiliates use their capital and assets as security and give no bond unless the court requires additional security (§§ 44-1-8(b)-(c), 44-5-3(b), 44-5-4, 31A-4-14(a)(2), 31A-4-18) |
A nonresident named executor of a resident decedent and a nonresident administrator appointed under § 44-1-4 may serve, but generally must post qualified corporate surety in at least double the personal assets, sale-authorized realty, and receivable rents/profits. A spouse, parent, sibling, lineal descendant, or sole beneficiary uses the ordinary §§ 44-1-7/-8 penalty; qualification appoints the county clerk for service, and estate removal awaits the inventory/appraisement and any required additional bond (§ 44-5-3(a)(4)-(5), (b)-(d)) |
An executor has no powers until oath and required bond are admitted to the county records; an intestate administrator gives bond and oath at the time administration is granted. Failure by a named executor to give a required bond amounts to refusal and permits administration with the will annexed. An appraisement-based deficiency requires a new/additional bond within a reasonable time or supports removal; noncompliance with a noticed additional/new-bond order permits revocation, after which the commission may appoint an administrator de bonis non (§§ 44-1-1 to -2, 44-1-6 to -7, 44-1-12, 44-1-31, 44-5-5 to -6) |
| Wisconsin verified 2026-08-29 | Wis. Stat. § 856.25 and ch. 878 govern; bond and amount are solely court discretion, and neither acting nor letters may occur until bond is given or court orders appointment without bond |
Executor or administrator serving as personal representative in formal administration; probate registrar has the same § 856.25 authority in informal testate or intestate administration (§§ 856.25, 865.01-.02, 865.07-.08) |
Will direction or request for service without bond is expressly nonbinding; court or registrar retains sole discretion and may require bond later (§ 856.25(1), (4)) |
No general beneficiary/heir waiver controls bond. Any distributee may stipulate that the distributee's estimated share stands as excess surety, permitting but not compelling an equal bond reduction (§ 856.25(3)) |
Court may require bond later; may require additional bond anytime and, on application with or without notice, reduce bond if no interested-person injury can result. No automatic creditor or beneficiary demand rule appears (§§ 856.25(1), 878.05) |
Court or registrar directs the sum; no fixed estate-property or income formula. Judge may reduce by a consenting distributee's estimated share pledged as excess surety, and court may later add or reduce bond (§§ 856.25(3), 878.01, 878.05) |
One or more sureties; individual surety must be Wisconsin resident and prove financial responsibility. Corepresentatives may have none, separate, joint, or selected bonds. Compliant corporate fiduciaries are exempt (§§ 856.25(1)-(2), 878.01-.03) |
Nonresident must appoint and file a Wisconsin resident service agent; nonresidence alone may justify nonappointment or removal in court discretion. No separate nonresident bond formula appears (§ 856.23(1)(d), (2)) |
Required bond precedes acting and letters; informal representative files acceptance and required bond before letters. Later failure to perform a statute/order-required act or filing can trigger show cause, notice to sureties, dismissal, and successor appointment (§§ 856.25(1), 865.08(2), 857.09) |
| Wyoming verified 2026-08-29 | W.S. §§ 2-3-101 to -120; oath and bond ordinarily precede letters, subject to express will/statute or written-distributee waiver (§§ 2-3-101 to -104, 2-3-111) |
Executor or administrator receiving ordinary letters; every co-representative gives separate bond. Successor after complete incapacity/revocation bonds on like penalty, sureties, and conditions (§§ 2-3-102, -107, -124) |
Will must expressly provide no bond; real-estate sales may proceed without bond unless court requires one for good cause. Court may require bond later for any reason, and sworn waste allegation can suspend powers pending decision (§§ 2-3-111 to -112) |
Distributees may waive bond in writing. Statute uses collective 'the distributees' but states no partial-waiver, minor/incapacity, creditor-consent, trust, or nonwaiving-interest mechanics (§ 2-3-111) |
Interested person may challenge surety value by affidavit or seek further security by verified petition for insolvency, departure, or other insufficiency; sworn waste petition may seek bond/further security and suspension. Court also acts without application (§§ 2-3-109, -112 to -117) |
Penalty at least personal-property value plus probable annual rents, profits, and issues of estate realty; value determined by sworn examination. Real-estate sale may require added bond covering remaining personal/income base plus probable sale proceeds; no restricted-deposit reduction stated (§§ 2-3-102, -105) |
Two or more sufficient individual sureties or one sufficient corporate surety, approved by court/commissioner/clerk; sureties justify under oath in aggregate penalty amount; bond joint/several. No bank/trust-company exemption, cash deposit, or restricted-account substitute stated (§ 2-3-102) |
Nonresident administrator requires Wyoming resident coadministrator; no parallel extra nonresident-executor bond rule stated. Each co-representative still gives separate full-amount bond unless waiver applies (§§ 2-4-201(c), 2-4-203(a)(ii), 2-3-107) |
Oath/bond before letters; appointment order fixes qualification time. Failure lapses appointment and another is appointed; insufficient-security default ends administration right. Failure after further-security order revokes letters; waste allegation may suspend powers (§§ 2-3-101 to -104, -110, -112, -116, -120) |
Every jurisdiction we can source is here: 50 of 51, verified against the statute. Ohio is absent because the state publishes no official statute text we are permitted to read and quote, and we will not fill the gap from a secondary source. If that changes, the row goes up.
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