Executor and Personal-Representative Bond Requirements in Connecticut

At a glance

Requirements one by one

Executors and administrators start with bond

Under Conn. Gen. Stat. § 45a-289(a)-(b), an executor must give a probate bond unless law excuses it. Under § 45a-303(c)(1), (d), the Probate Court takes a bond from an administrator or successor administrator; failure to give bond can cause an otherwise preferred applicant to yield to another suitable person.

Section § 45a-139(a)-(c) defines the bond as security for faithful performance, administration, and accounting. It is payable to Connecticut and uses the amount and security required by the Probate Judge under Supreme Court rules.

A will provision and collective waiver are different routes

For a named executor, § 45a-289 requires the court to follow an unopposed will direction that no bond or only a stated amount is required. If someone objects, or cause shows bond is needed to protect creditors or assure succession taxes, the statute imposes a floor equal to the greatest of the will amount, twice the court-estimated debts, or the estimated tax on untaxed property plus succession tax.

Under Probate Court Rule 35.1, the court may also excuse bond when each heir or beneficiary waives, the fiduciary is corporate, or the estate meets the small-or-restricted threshold in § 45a-139(c). Even then, a party's motion or the court's own motion can require bond to protect parties or creditors or assure taxes or administration expenses.

The general amount follows assets and expected receipts

Under Rule 35.6, the ordinary amount equals assets under the fiduciary's control plus anticipated additional receipts of income or assets during the accounting period. The court may reduce it for real property the fiduciary cannot sell or mortgage, assets in a restricted account, a smaller amount all heirs or all beneficiaries request, the fiduciary's own estate share, or structured-settlement funds expected during the period.

The statute separately permits waiver when total estate assets are less than $20,000 or the unrestricted estate is less than $10,000. Those thresholds allow waiver; they do not make an appointment effective before any required security is accepted.

Corporate surety and one cofiduciary bond are current defaults

Under Rules 35.2-.5, a current probate bond must have a corporate surety, the signer must show authority, and a court-published or substantially similar form is used. One bond secures every cofiduciary rather than separate bonds. Older personal-surety bonds remain recognized, but the court may require a corporate replacement if the personal surety is inadequate.

A restricted account can replace part of the amount

Under Rule 35.7, the Probate Court may authorize an account at an approved financial institution under the exact published agreement, with no disbursement without written court approval. The agreement normally precedes the appointment decree or certificate, though limited interim authority may be issued when needed to establish the account. Proof of deposit is due no later than 10 days after receiving income or assets.

Parties, the court, and the surety can revisit security

Rule 35.1 permits a party motion or court initiative to require bond, and Rule 35.9 permits a requirement or amount adjustment at any time as estate value changes. Under § 45a-141(a)-(b), the principal or surety side may apply in writing for a replacement bond; the court gives reasonable notice and holds a hearing before approving or ordering substitution.

Under Rule 35.10, an increase ordinarily uses the original surety. A different surety may cover the addition only if both sureties accept joint and several liability for the original and added amounts.

Filing and acceptance precede effective authority

Rule 35.2 bars an appointment decree or probate certificate until a required bond is filed. Section 45a-139(b) separately says the appointment is not effective until the Probate Court accepts the bond.

Under Rules 35.8-.11, qualifying added value must be reported within 30 days, the court may adjust the bond, and release ordinarily waits for approval of the final financial report or account and any required closing affidavit. Failure to furnish a court-ordered additional or substitute bond is an express removal ground under § 45a-242(a); § 45a-141 also permits replacement after a missed new-bond deadline.

Nonresidence adds a service certificate, not a larger bond

Under § 52-60(a), a nonresident executor's or administrator's appointment cannot take effect until an acknowledged certificate appoints the Probate Judge and successors as attorney for service. The surveyed provisions state no extra nonresident amount or second bond.

What trips people up

• An unopposed will waiver is not the same as a waiver from every heir or beneficiary; they arise under different provisions.
• The will-objection formula is a special statutory floor, not Connecticut's general assets-plus-receipts amount rule.
• Filing a required bond is not the final effectiveness step; the Probate Court must accept it.

Common questions

Can all heirs agree to a smaller bond instead of no bond?

Yes. Rule 35.6 lets the court order the smaller amount requested by all heirs or all beneficiaries. The court still controls the order.

Does a corporate fiduciary always avoid bond?

No. Corporate status is an excuse the court may use, but Rule 35.1(c) preserves the court's power to require bond for the listed protective and payment reasons.

When must newly discovered value be reported?

Rule 35.8 uses a 30-day deadline. For a bonded fiduciary, its threshold is added assets, income, and recognized capital gain exceeding 10% of the bond or $50,000, whichever is greater.

Statutes and sources

• Conn. Gen. Stat. §§ 45a-139, 45a-141, 45a-242, 45a-289, 45a-303, and 52-60 — bond definition and effectiveness, substitution and removal, executor and administrator defaults, will limits, and nonresident service certificate — https://prdext3.cga.ct.gov/2025/pub/chap_801b.htm#sec_45a-139 — accessed 2026-08-29.
• Connecticut Probate Court Rule 35 — exceptions, filing, corporate surety, cofiduciaries, amount, restricted accounts, value reports, adjustments, additional surety, and release — https://www.ctprobate.gov/Documents/Probate%20Court%20Rules%20of%20Procedure.pdf — accessed 2026-08-29.