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Detailed answer — Do you need to post a bond to serve as administrator of an intestate estate in Minnesota?

Short answer: Usually yes, but Minnesota law allows the probate court to waive or reduce the bond in some situations.

What the law says: Minnesota’s probate statutes govern appointment of a personal representative (often called an administrator when there is no will) and the related bond rules. The statutes generally require a personal representative to give a bond to protect estate creditors and beneficiaries. See Minnesota Statutes, chapter 524 for the governing provisions: https://www.revisor.mn.gov/statutes/cite/524.

How the bond requirement works in practice:

• The probate court normally sets the bond amount to cover the value of estate assets that the administrator will handle (assets in the court’s inventory, anticipated receipts, rents, and income while administration continues).
• The court expects the personal representative to either (a) purchase a surety bond from a bonding company, (b) post cash, or (c) pledge acceptable security—unless the court authorizes some other arrangement.
• The bond protects beneficiaries and creditors if the personal representative mismanages estate property, fails to account, or commits other wrongful acts.

When the court can waive or reduce bond: Minnesota law and probate practice permit waiver or reduction of the bond in certain circumstances. Common situations where a waiver or reduction is possible include:

• Waiver contained in a valid will: if a decedent’s will explicitly waives bond for a named personal representative, the court generally follows that direction (this does not apply to intestacy because there is no will).
• Written consent of interested persons: heirs or other interested persons can sometimes sign written waivers of bond and submit them to the court. Courts typically require that the waiving persons understand what they are giving up and are legally competent to waive the protection.
• Court discretion for good cause: the probate judge may waive or reduce bond if the court finds good cause — for example, if the nominated administrator is also the sole heir or sole residuary beneficiary, if all distributees consent, or if the estate’s assets are small or consist primarily of non-saleable items where risk is low. The court may still require some security or conditions even when it grants a waiver.

How to ask the court for a waiver or reduction:

1. When you file your petition to be appointed administrator, include a clear request that the court waive or reduce the bond.
2. Attach signed written waivers from all adult heirs or interested persons if they will consent in writing.
3. Provide the judge with information about estate value, your relationship to the decedent, and why a waiver is appropriate (e.g., you are the sole heir or the estate is small and consists of a house with no significant liquid assets).
4. The court may schedule a hearing and may require notice to creditors or other interested parties before granting the waiver.

Consequences and risks:

• If a bond is waived, beneficiaries and creditors lose the protection that a bond provides. If something goes wrong, they must pursue recovery against the administrator personally rather than through the bonding company.
• Court-ordered waivers sometimes include conditions such as more frequent accounting, limited administrative powers, or an order that a portion of proceeds be held in escrow.

Where to look in Minnesota law: the probate rules and the statutes in chapter 524 cover appointment, duties, and bond issues. See the Minnesota statutes for details and specific procedures: https://www.revisor.mn.gov/statutes/cite/524. For court forms and local rules, check the website of the county probate court where the estate will be opened (county court clerks can explain local practices).

Bottom line: expect the court to require a bond for an administrator of an intestate estate unless you (1) provide a strong basis for waiver, (2) obtain written waivers from interested parties, or (3) convince the court that a waiver or reduction is appropriate and in the estate’s and creditors’ interests. If you want a waiver, ask the court at the time you petition for appointment and provide supporting documentation.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Minnesota probate attorney or the probate court clerk in the county where your mother lived.

Helpful hints — steps and tips for administrators and potential administrators in Minnesota

• Before filing, get an informal estimate of the estate’s value to help the court set an appropriate bond amount or decide whether a waiver makes sense.
• If all heirs agree to waive bond, ask each heir to sign a written waiver and attach those waivers to your petition. Courts prefer clear, written consents rather than oral promises.
• Contact the county probate court clerk early to learn local filing requirements, notice periods, and typical timelines for hearings on bond waivers.
• Compare surety bond quotes from multiple companies. Premiums are often a small percentage of the bond amount, but costs vary by provider and applicant history.
• If you’re the sole heir and administrator, point that out in your petition—courts are more likely to allow a waiver or reduction in that situation, but it’s not automatic.
• Consider limited waivers or conditions if the court is hesitant: for example, ask the court to waive bond if you post partial security or agree to provide interim accountings more frequently.
• If the estate is very small, ask about simplified or summary administration procedures that can avoid full probate (county rules and statutory thresholds or procedures may apply).
• Keep full records and prepare to file inventories and accountings even if bond is waived—this reduces later disputes and demonstrates good faith.
• If anyone objects to a waiver, expect the court to require a bond or to impose other safeguards.
• When in doubt, consult a Minnesota probate attorney early. An attorney can draft waivers, advise about local practice, and represent you at any hearing on bond.