Executor and Personal-Representative Bond Requirements in Maine

Short answer Maine ordinarily requires no bond for an informal personal-representative appointment unless the will expressly requires one, a qualifying interested person or creditor demands one, or another statutory exception applies. In formal proceedings the court may order bond, but a will's no-bond direction ordinarily controls unless an interested party requests bond and the court finds it desirable; the court may also excuse a will-required bond. When bond is required, the ordinary floor is the estimated personal estate plus expected annual income from personal and real estate, and failure to satisfy a demand within 30 days is cause for removal and successor appointment.
State
Maine
Statute checked
August 29, 2026
Sources
5 statutes

At a glance

Governing law and default bond ruleMaine'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)
Covered representative and proceedingThe 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))
Will waiver and limitsIn 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)
Beneficiary, heir, or distributee waiverSections 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)
Demand and court discretionA 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)
Amount, property base, and reductionIf 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)
Surety, collateral, deposits, and corporate exceptionsThe 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)
Nonresident and special qualification rulesThe 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))
Filing timing, letters, suspension, removal, and lapseAny 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)

Requirements one by one

Informal and formal appointments use different defaults

Maine does not impose a universal executor bond. Under 18-C M.R.S. § 3-603, an informally appointed general personal representative ordinarily serves without bond. The principal exceptions are an express requirement in the will and a qualifying written demand. Formal proceedings are court-controlled: the court may order bond at appointment, but will relief ordinarily applies unless an interested party requests bond and the court finds it desirable.

The formal court may also dispense with a bond required by the will if it finds the security unnecessary. Sections 3-603 to 3-605 do not create a separate private waiver by all heirs or beneficiaries; an interested person may instead petition the court to excuse the requirement.

Demand is available only above the statutory threshold

Section 3-605 permits demand by a person apparently holding an estate interest worth more than $5,000 or a creditor whose claim exceeds $5,000. The demand is filed with the register and mailed to an already appointed and qualified representative. Bond then becomes required unless the demandant's interest ends or the bond is excused.

Once the representative receives notice, only powers needed to preserve the estate may be exercised until bond is filed or the requirement ends. Failure to give suitable bond within 30 days is cause for removal and appointment of a successor.

Amount and security depend on personalty and expected income

If the will, order, application, or petition does not state the amount, § 3-604 uses the applicant's sworn estimate of the decedent's personal estate plus expected income from personal and real estate during the next year. Bond or other suitable security must be at least that estimate.

The register may approve corporate surety or secured individual sureties. Restricted deposits at a domestic financial institution may reduce the amount, and the court may excuse, increase, or reduce bond, release sureties, or approve a substitute. Under § 3-606(1)-(2), sureties are ordinarily jointly and severally liable and accept the issuing court's jurisdiction.

Bond and acceptance precede letters

Sections 3-103 and 3-601 require appointment, qualification, letters, a filed acceptance, and any required bond before administration begins. Section 3-203(6)-(8) separately requires an adult appointee who has not been found unsuitable and gives a domiciliary representative statutory priority; it does not add a residence-based bond amount or surety rule.

What trips people up

  • A qualifying written demand makes bond required, but the requirement can end or be excused through the statutory process.
  • The default amount includes expected real-estate income, not the real property's value.
  • A will may require bond in an informal case, while a formal court may excuse a will-required bond as unnecessary.
  • The complete ordinary scheme states no unanimous-beneficiary waiver, separate bank or trust-company exemption, or nonresident bond formula.

Common questions

Can the court change the security later?

Yes. Section 3-604 permits the court to excuse, increase, or reduce bond, release sureties, or approve a substitute bond or sureties.

Does missing the 30-day demand deadline automatically remove the representative?

No. Section 3-605 makes the failure cause for removal and successor appointment; the removal proceeding still must occur.

Statutes and sources

The quoted provisions begin at 18-C M.R.S. § 1-201(8), §§ 3-103 and 3-203, §§ 3-601 and 3-603, §§ 3-604 to 3-605, and § 3-606(1)-(2).

  • 18-C M.R.S. § 1-201 and §§ 3-103, 3-203, 3-601, and 3-603 to 3-606 — definitions, qualification, defaults, will terms, demand, amount, security, sureties, restricted authority, and removal — https://legislature.maine.gov/statutes/18-C/title18-C.docx — accessed 2026-08-29.

Source links

Every statute quoted above, linked, with the date we checked it.

18-C M.R.S. §§ 3-103, 3-203(6)-(8) · accessed 2026-08-29
18-C M.R.S. §§ 3-601, 3-603 · accessed 2026-08-29
18-C M.R.S. §§ 3-604 to 3-605 · accessed 2026-08-29
18-C M.R.S. § 3-606(1)-(2) · accessed 2026-08-29
This page is general legal information about state-law bond requirements for an executor, administrator, or other ordinary personal representative, not legal, financial, underwriting, fiduciary, creditor, or litigation advice about a particular estate, will, applicant, beneficiary, creditor, bond, surety, premium, asset value, restricted account, waiver, demand, court order, or letters. A will, written waiver, nonwaiving interest, creditor claim, fiduciary type, residence, estate property and income, administration route, court discretion, later petition, and changed asset value can alter whether bond is required and its amount or security. Do not act before appointment and qualification are effective. Special administrators, ancillary and small estates, public administrators, guardians, conservators, trustees, bond claims, surcharge, removal merits, and local filing or surety practice may use different rules. Verified against the cited official sources on the date shown; use current court forms and obtain licensed probate and surety advice before waiving, demanding, posting, replacing, or relying on a bond.

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