Executor and Personal-Representative Bond Requirements in Maryland

Short answer Maryland generally requires every personal representative to execute a State bond for interested persons and creditors as a condition of appointment. An express will provision or written waiver by all interested persons excuses the full bond, but a nominal bond still secures the decedent's debts and Maryland inheritance tax; qualifying national banks and trust companies are fully exempt. The court or register caps the full penalty at probable maximum estate personal property less court-posted collateral and court-restricted cash, may adjust it for good cause, and may require later security. Authority starts when letters issue after appointment.
State
Maryland
Statute checked
August 29, 2026
Sources
8 statutes

At a glance

Governing law and default bond ruleMaryland 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
Covered representative and proceedingOrdinary personal representative means executor or administrator and expressly excludes special administrator; applies to administrative or judicial probate (§ 1-101(r); Title 6)
Will waiver and limitsWill 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))
Beneficiary, heir, or distributee waiverWritten 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))
Demand and court discretionInterested 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))
Amount, property base, and reductionFull-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, collateral, deposits, and corporate exceptionsSurety 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 and special qualification rulesNonresident 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))
Filing timing, letters, suspension, removal, and lapseRequired 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)

Requirements one by one

Required bond is a condition of appointment

Under § 6-101, a proposed personal representative must file the office acceptance, any required bond, and the written jurisdiction consent as conditions of appointment. § 6-102(a) generally requires a bond to Maryland for the benefit of interested persons and creditors with surety approved by the register.

The surveyed office is an executor or administrator. § 1-101(r) expressly excludes a special administrator from the personal-representative definition, preserving the topic's boundary.

Waiver excuses the full bond, not every bond

The full bond is excused when the will expressly says so or all interested persons waive it in writing. Maryland Rule 6-312 supplies the waiver form, which says the representative serves without bond “except as required by law.”

That qualification matters. Under § 6-102(b), even an excused representative gives a bond in an amount the register or court considers sufficient for the decedent's debts and Maryland inheritance taxes. The statute calls this the required nominal bond and gives it a narrower payment condition.

The interested-person definition in § 1-101(j) is detailed and changes as the estate proceeds. It covers the listed executor, serving representative, legatees, heirs, certain elective-share spouses and caveators, and persons under disability or their stated representatives; an assignee of a legatee or heir is excluded. The waiver route requires all persons who meet that current definition, not simply a majority of beneficiaries.

A later petition can restore protection

Even when bond was not an appointment condition, § 6-102(b)(3) permits an interested person or creditor to petition during administration. The court may require bond for good cause. It also may require additional, new, or countersecurity under § 6-102(i) and increase or decrease the penalty for good cause at any time.

The ceiling tracks personal property and recognizes two reductions

Under § 6-102(e), the court or register fixes the full-bond penalty at no more than the probable maximum value of estate personal property during administration. The calculation subtracts the court-determined market value of collateral posted with the court and estate cash held at a court-approved bank in an account whose withdrawal method is court-approved.

The nominal bond uses a different standard: enough to secure the debts and Maryland inheritance taxes payable by the representative. The court may later raise or lower either applicable penalty for good cause.

Sureties and institutional representatives use separate rules

Section 6-102(d) permits an authorized corporate surety or one or more individual sureties approved by the register. Unless the court orders otherwise, the personal representative and all sureties are jointly and severally liable. The premium is an estate charge, and the bond is filed in the register's office.

A national banking association or trust company serving as personal representative gives no bond under § 6-102(c). No bond is required for any period after final approval of the final administration account.

Nonresidence changes service, not the amount formula

Under § 5-105(c)(6), a nonresident is ineligible unless an irrevocable designation of an appropriate Maryland resident for service is on file with the register. The statute does not add a nonresident bond multiplier or a resident cofiduciary condition.

§ 5-105(b)-(c) separately permits trust companies, authorized corporations, and eligible individuals, and limits a noncitizen appointment to a qualifying permanent-resident spouse or listed close relative.

Letters begin authority after the appointment conditions are met

After appointment, the register issues letters under § 6-103(a). The representative's duties and powers begin when letters issue under § 6-105, subject to the statute's good-faith preappointment-act and ratification rules.

If ordered replacement security is not provided within the court-fixed reasonable time, § 6-102(i)(2) permits the court to put the bond in suit. Willful disregard of an order or unexcused failure of a material office duty can support the noticed removal procedure under § 6-306(a)-(d), while failure to maintain the resident-agent designation is an express removal ground.

What trips people up

  • A will or unanimous waiver usually replaces the full bond with a nominal bond; it does not necessarily eliminate bond.
  • Creditors have an express later-petition route even though the statutory interested-person definition does not generally list them.
  • The full-bond ceiling uses personal property, not total gross estate value.
  • Posted collateral and restricted cash are statutory deductions from the ceiling, not informal underwriting adjustments.

Common questions

Can one heir waive over another heir's objection?

No. The statutory waiver route requires a written waiver of all interested persons as defined for that stage of the proceeding.

Does a trust company file the nominal bond?

No. Section 6-102(c) exempts a national banking association or trust company serving as personal representative from giving bond.

When does the representative gain authority?

The appointment conditions include any required bond, letters issue after appointment, and duties and powers commence with issuance of the letters.

Statutes and sources

  • Md. Code, Est. & Trusts § 1-101(j), (r) — interested persons and surveyed personal representative — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get&section=1-101 — accessed 2026-08-29.
  • Md. Code, Est. & Trusts § 5-105 — eligible individuals and corporations, noncitizen limits, and nonresident agent — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get&section=5-105 — accessed 2026-08-29.
  • Md. Code, Est. & Trusts §§ 6-101 to -105 — appointment conditions, full and nominal bonds, waiver, amount, reductions, sureties, filing, letters, and authority — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get&section=6-102 — accessed 2026-08-29.
  • Md. Code, Est. & Trusts § 6-306 — removal grounds and procedure — https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get&section=6-306 — accessed 2026-08-29.
  • Md. Rule 6-312 — full-bond, nominal-bond, and waiver forms — https://govt.westlaw.com/mdc/Document/N7B5E59309CEB11DB9BCF9DAC28345A2A?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default) — accessed 2026-08-29.

Source links

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

Md. Code, Est. & Trusts § 6-101 · accessed 2026-08-29
Md. Code, Est. & Trusts § 6-102 · accessed 2026-08-29
Md. Code, Est. & Trusts § 6-103(a) · accessed 2026-08-29
Md. Code, Est. & Trusts § 6-105 · accessed 2026-08-29
Md. Rule 6-312 · 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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