FAQ — Bond requirements when appointed administrator of an intestate estate in Maryland

Short answer: In Maryland, a court normally requires a personal representative (administrator) to post a fiduciary bond when appointed to administer an intestate estate. The court can set the amount of the bond, and in many situations the bond requirement can be reduced or waived — for example, when the decedent’s will expressly waives bond (in testate cases), when the law provides a simplified procedure for small estates, or when all interested parties sign written consents asking the court to dispense with bond. Whether the court will waive or reduce the bond depends on the facts: estate value, relationship of the administrator to beneficiaries, whether beneficiaries are adults and competent, and any creditor concerns.

Detailed answer

This explanation assumes you are seeking appointment as the personal representative (administrator) of your mother’s intestate estate in Maryland. Start with a simple rule: the bond is a form of insurance to protect the estate’s beneficiaries and creditors if the personal representative mismanages estate property.

When is a bond normally required?

The Register of Wills or the orphans’ court usually requires an administrator to give a probate bond (sometimes called an administrator’s bond). The court sets the bond amount based on the value of the estate and the expected fiduciary duties. The bond must remain in force until the estate is properly closed. Commercial sureties (bond companies) commonly write these bonds; in limited circumstances, the court may accept personal sureties.

When can the bond be waived or reduced?

The bond requirement can be waived or reduced in several common situations:

• Agreement of interested parties: If all beneficiaries and certain creditors sign a written waiver or consent asking the court to dispense with or reduce the bond, the court often grants the request, provided the court believes doing so is appropriate.
• Small-estate procedures: Maryland offers streamlined procedures for small estates or for transfer of certain personal property without full administration. These procedures generally avoid the need for a full probate bond. The eligibility limits and process vary, so check with the local Register of Wills or the court.
• Security already in place: If assets are otherwise secured (e.g., jointly owned property that passes by survivorship, beneficiary-designated accounts), the court may set a lower bond or no bond for assets not passing through probate.
• Special petition: You can petition the court to reduce or waive the bond. The court weighs the estate size, creditor risk, and beneficiaries’ positions before deciding.

How the court decides bond amount

The court sets the bond amount to reasonably protect estate assets and creditors. The amount typically reflects the value of assets that will pass through the administrator’s control, anticipated income, and the length of administration. The court may require a full bond, a partial bond, or acceptance of a surety company issuing the bond.

Practical steps you should take

1. Contact the local Register of Wills or probate clerk. They can explain local filing forms and bond practices and provide the correct petition forms and instructions (local practice varies by county).
2. Identify beneficiaries and creditors. If all adult beneficiaries agree to waive the bond, collect signed, dated written waivers and present them to the court with your petition.
3. Determine estate assets. Create an inventory or estimate of assets that will pass through probate — the bond amount generally reflects this value.
4. Get quotes from surety companies. If a bond is required, a commercial surety typically issues it for a fee (a percentage of the bond amount). Compare rates and discuss requirements with the Register of Wills or a probate bond agent.
5. If you believe a waiver is appropriate but beneficiaries do not agree, you can still petition the court. Expect the court to consider creditors’ rights and possible objections before reducing or waiving bond.

Where to find official Maryland information

For official guidance and county-specific procedures, contact the Maryland Judiciary resources and your local Register of Wills office:

• Maryland Courts — Probate and Estate Administration (legal help) — general probate guidance and links to local Register of Wills offices.
• Maryland Courts — Directory of Registers of Wills — contact your county Register of Wills for local forms and requirements.
• Maryland General Assembly — Laws and Statutes — searchable site for Maryland statutes related to estate administration and bonds (look under the Estates & Trusts Article for statutory rules).

Common scenarios (examples)

These are hypothetical examples to illustrate how bond decisions often work:

• Example A — Small estate: Your mother left modest personal property and a car and you are the sole heir. The estate qualifies for a simplified small-estate transfer. You may be able to collect certain property or transfer assets without a full administrator’s bond.
• Example B — All beneficiaries sign: You and two adult siblings are beneficiaries of the intestate estate. All three sign a written consent asking the court to waive a bond. The court, after confirming no creditor issues, may waive the bond or require only a small bond.
• Example C — Larger estate with creditors: If the estate contains real estate, bank accounts, and outstanding debts, the court is likely to require a full bond to protect creditors and beneficiaries unless there is a strong reason to reduce it.

Helpful hints

• Talk to the Register of Wills in your county before filing. Local practice and required forms vary.
• Collect written, signed waivers from all adult heirs if you want the court to consider waiving bond. The court will give weight to unanimous written consents.
• Get an accurate inventory of estate assets early. Underestimating the estate value can delay proceedings or cause the court to require a larger bond later.
• Contact a licensed probate bond company for estimates. Bond fees are usually charged as a percentage of the bond amount based on your credit and other factors.
• If unsure, consult a probate attorney. While this answer is educational only, an attorney can review your facts, prepare the correct petitions, and help obtain a bond waiver if appropriate.

Disclaimer: This article is for general informational purposes and does not constitute legal advice. It is not a substitute for consulting an attorney who can advise you about your specific situation under Maryland law.