Executor and Personal-Representative Bond Requirements in Massachusetts
At a glance
| Governing law and default bond rule | Bond always files before letters; sureties are the waivable requirement and are otherwise required (Mass. Gen. Laws ch. 190B, §§ 3-601, 3-603) |
|---|---|
| Covered representative and proceeding | General personal representative includes executor, administrator, and successor in formal, informal, testate, intestate, and supervised administration; special office excluded (§ 1-201(1), (37)) |
| Will waiver and limits | 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)) |
| Beneficiary, heir, or distributee waiver | 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)) |
| Demand and court discretion | 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) |
| Amount, property base, and reduction | 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) |
| Surety, collateral, deposits, and corporate exceptions | 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) |
| Nonresident and special qualification rules | 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)) |
| Filing timing, letters, suspension, removal, and lapse | 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) |
Requirements one by one
Every representative files a bond, but sureties may be waived
Under § 3-601, the personal representative accepts appointment and qualifies by filing a bond before receiving letters. Massachusetts therefore separates the bond from the sureties that back it.
Section 3-603(a) requires sureties unless the will directs no bond or waives surety, all heirs or devisees file written waivers, a qualified bank or trust company serves, or the court concludes sureties are not in the estate's best interests. Read together with § 3-601, even a will direction for “no bond” removes sureties rather than the representative's duty to file the bond itself.
The definitions in § 1-201(37) place executors, administrators, and successors within the general personal-representative office while excluding the special office. Section 1-201(1) makes the administration rules apply to formal and informal, testate and intestate proceedings.
The ordinary amount is the sworn personal-estate estimate
If the will, order, or petition does not set the amount, § 3-604(a) requires a sworn best estimate of the decedent's personal estate and a bond in an equal amount. The formula does not add real-estate value or expected annual income.
The court may reduce the amount by estate assets placed with a domestic financial institution so unauthorized disposition is prevented. On petition of the representative or another interested person, the court may increase or reduce the amount, release the surety, or substitute another bond with the same or a different surety.
Under § 3-606, an approved bond names the first justice and successors as obligee for interested persons, secures faithful performance, and ordinarily makes the representative and sureties jointly and severally liable.
A qualifying written demand makes sureties mandatory
Section 3-605 allows a person apparently holding an estate interest worth more than $5,000, or a creditor with a claim over $5,000, to file a written demand for sureties. If appointment and qualification have occurred, a copy must be mailed to the representative. Filing makes sureties required until the demander's interest ends or sureties are excused under § 3-604.
After receiving notice, the representative may exercise only powers necessary to preserve the estate until suitable sureties are provided or the requirement ends. Failure to provide them within 30 days after notice is cause for removal and successor appointment; the statute does not make termination automatic on day 30.
The broader definition in § 1-201(24) includes heirs, devisees, spouses, creditors, beneficiaries, priority candidates, and others with estate property rights or claims. In a formal proceeding, § 3-603 separately lets the court require sureties or additional sureties on its own motion.
What trips people up
- “No bond” in the will does not eliminate the filed bond. Massachusetts uses that direction as an exception to sureties, while § 3-601 still requires the representative to qualify by filing a bond.
- The demand threshold is strictly above $5,000. An interest or claim equal to $5,000 does not meet the wording of § 3-605.
- The power restriction follows receipt of notice. The demand is filed with the court, but preservation-only authority and the 30-day period run after the representative receives notice.
Common questions
Does a replacement bond release the former sureties from earlier breaches?
No. Section 3-606(a)(6) keeps the prior sureties liable for breaches committed before the new bond is approved and filed.
Can an appointed bank or trust company ever be ordered to add security?
Yes. Under § 3-603(b), an interested person may apply for additional security from an appointed bank or trust company. If the institution fails to provide what the court orders, the court may revoke the appointment and remove it.
Statutes and sources
- Mass. Gen. Laws ch. 190B, § 1-201(1), (24), (37) — administration, interested-person, and covered-office definitions. Official Trial Court Law Libraries copy (accessed 2026-08-29).
- Mass. Gen. Laws ch. 190B, §§ 3-601 and 3-603 through 3-606 — bond filing, surety exceptions and demand, amount, restricted deposits, authority limits, removal consequence, and surety terms. Official § 3-601 copy and official § 3-603 copy (accessed 2026-08-29).
The current-session pending-bill sweep found no measure that would change the ordinary personal-representative bond and surety rules summarized here.
Source links
Every statute quoted above, linked, with the date we checked it.
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