Short answer
Yes — in Massachusetts a proposed administrator (personal representative appointed for an intestate estate) is generally required to post a surety bond before exercising full powers. The court can waive or limit that bond in some situations, but only by order. The most common ways to avoid a bond are (1) a written waiver by all interested parties (heirs), or (2) a court order excusing the bond for good cause. See Massachusetts probate rules and the Uniform Probate Code provisions adopted in Massachusetts for the controlling framework.
Detailed Answer — What the law requires and how waiver works
This section explains, step by step, how bond rules normally operate when a person seeks appointment as administrator of an intestate estate in Massachusetts.
1. What is a bond and why does the court require one?
A bond (sometimes called a fiduciary or surety bond) is an insurance guarantee that the administrator will faithfully perform duties and protect estate assets. The bond protects heirs and creditors. The court sets the amount of the bond based on the value of estate property that passes through probate.
2. The general rule: bond usually required
Under Massachusetts probate law (Massachusetts has adopted the Uniform Probate Code provisions that govern appointment and bonds), courts normally require a bond from a newly appointed personal representative unless there is a statutory or court-authorized waiver. The Probate and Family Court typically will not allow the administrator to collect assets, sell property, or pay claims until any required bond is posted or the court orders otherwise.
For the statutory framework, see Massachusetts General Laws, Chapter 190B (the Massachusetts Probate Code): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B. Massachusetts also provides plain‑language guidance to people serving as executors and administrators: https://www.mass.gov/service-details/serving-as-an-executor-or-administrator.
3. Common ways a bond can be avoided or reduced
There are several common mechanisms for avoiding or reducing the bond requirement:
- Waiver by interested persons: If every person who has an interest in the estate (for example, all heirs) signs a written waiver consenting to appointing the proposed administrator without bond, the court will often accept that waiver and dispense with the bond.
- Court-ordered waiver or reduction: The petitioner can ask the Probate Court to waive or reduce the bond. The court will consider the estate size, the proposed administrator’s relationship to the decedent, the administrator’s financial history, creditor protection concerns, and any objections from heirs or creditors. The court may require other security or conditions instead of a typical bond.
- Oath with limited powers: In some small or uncontested estates the court may issue letters of administration with limited authority or allow informal administration with less or no bond, particularly where there is a surviving spouse or all distributees agree.
4. What happens if you don’t post the bond?
If the court requires bond and you do not post it, the court will not issue full letters of administration and you cannot lawfully handle estate assets (collect bank accounts, sell property, or pay claims). Acting without required letters or bond can expose you personally to liability.
5. How the court sets the bond amount and who can be a surety
The court typically fixes a bond amount sufficient to cover the estate assets that will pass through probate. The bond is usually provided by a corporate surety (a bonding company) or through one or more individual sureties who are approved by the court. The cost of a corporate surety bond is typically a percentage of the bond amount and is paid once up front.
6. Practical example (hypothetical)
Example: Your mother died intestate and owned a house and some savings. You and one sibling are her only heirs. If both siblings sign a signed written waiver submitted to the Probate Court, the court will commonly appoint you as administrator without requiring a bond. If a sibling objects or a creditor raises concerns, the court may require a bond or set conditions. If the estate is small and the court is satisfied that creditors and heirs are protected, the judge may also reduce the bond amount.
How to ask the Probate Court to waive or reduce a bond
- File the petition for appointment as personal representative (letters of administration) in the Probate and Family Court for the county where the decedent lived.
- Gather written waivers (signed and dated) from all heirs/distributees who agree to waive bond and attach them to your petition.
- If you cannot obtain waivers, file a written motion asking the judge to waive or reduce bond and explain the reasons (small estate, close family relationship, absence of creditors, other protections).
- Provide an inventory or estimate of estate assets so the judge can set a reasonable bond amount if the court decides a bond should remain in place.
- Attend the hearing (if the court schedules one). Be prepared to explain why a waiver or reduction is appropriate and to show notice to interested persons.
Relevant Massachusetts law and resources
Primary statutory authority for probate administration and fiduciary security is in the Massachusetts Probate Code (Chapter 190B). Start here to review the law and related sections on appointment, powers and duties of personal representatives, and security: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleII/Chapter190B.
For practical steps, forms, and local procedures consult the Massachusetts Probate and Family Court’s service pages: https://www.mass.gov/orgs/probate-and-family-court and the general executor/administrator guidance at https://www.mass.gov/service-details/serving-as-an-executor-or-administrator.
Helpful Hints
- Check with the clerk: Probate local practice varies. Call the clerk of the Probate and Family Court where your mother lived to confirm local forms and typical timelines.
- Try to get unanimous waivers: If all heirs sign a written waiver of bond and submit it with your petition, courts usually accept it and that saves bonding costs.
- Estimate estate value early: Obtain bank statements and a rough value of real property before filing so the court can set an appropriate bond if needed.
- Consider whether a corporate surety makes sense: Corporate (insurance) bonds cost a percentage of the bond amount but save you from finding individual sureties.
- Watch for creditor concerns: If there are likely creditors, the court is more likely to require a bond to protect those claimants.
- Get legal help for contested situations: If heirs disagree or a creditor objects, consider speaking with a probate attorney. A lawyer can help draft waivers, prepare the motion to waive bond, and represent you at hearings.
Takeaway
Massachusetts courts generally require an administrator to post a bond, but the requirement can be waived if all interested persons agree in writing or if the Probate Court excuses the bond after considering the estate’s circumstances. Always file the petition correctly, attach any waivers, and consult the Probate and Family Court clerk or an attorney when the situation is contested or complex.