Detailed answer — how bonds work for administrators under North Dakota law

When someone dies without a will (intestate), the district court appoints a personal representative (often called an administrator) to gather assets, pay debts and taxes, and distribute the remaining property to heirs. One common court protection for the estate is to require the administrator to post a bond (also called a fiduciary or surety bond). The bond is a financial guarantee that the administrator will perform duties honestly and account for estate property.

Key points about bonds in North Dakota:

• Default requirement: Unless the court orders otherwise, a bond is typically required as part of a personal representative’s appointment. The bond protects creditors and heirs if the administrator mismanages assets or fails to follow court orders. (See North Dakota Century Code, Title 30.1 (Probate Code).)
• How the bond amount is set: The court sets the bond amount based on the probable value of estate assets and anticipated receipts during administration. A larger estate usually requires a larger bond. The court’s order appointing the administrator will indicate the bond amount and any required conditions.
• Types of security: Security for the bond may be provided in different forms: a commercial surety bond issued by a bonding company, cash deposited with the court, or one or more individual sureties who sign and pledge their assets. The court decides which forms of security are acceptable.
• Waiver or reduction of bond: The court may waive or reduce the bond requirement in specific situations. Common grounds for waiver or reduction include:
  • All distributees (heirs) and other interested parties entitled to receive notice sign written waivers consenting to no bond (or a reduced bond).
  • The administrator is also the sole heir or the only person with an interest in the estate, and the court finds a bond unnecessary.
  • The estate qualifies for a simplified or small-estate procedure, where bonding may not be required or the court may set a lower security requirement.
  • The court exercises its discretion and finds good cause — for example, the administrator has a demonstrable record of trustworthiness, sufficient liquid assets, or other protections exist that make a bond pointless.
• How to ask for a waiver: To seek waiver or reduction, file a written motion or request with the probate court when you apply for appointment (or promptly after appointment). Provide facts supporting the waiver: names and signatures of consenting heirs, proof you are the sole distributee, estate inventory showing minimal assets, or other evidence. The court will give notice to interested persons and may hold a hearing before deciding.
• What if a bond is not posted: If the court orders a bond and you fail to post it, the court can delay appointment, remove you, or require alternate security. If funds are released to you without required security, you remain personally liable to the estate and its creditors for any losses. A commercial surety bond shifts much of that financial risk to the surety company.

Practical example (hypothetical): Suppose you petition to be administrator for your mother’s intestate estate. The court sets a bond of $75,000 based on the estate’s value. If your mother’s only assets are a modest checking account and a vehicle worth far less than the bond amount and all heirs sign a written waiver, you can ask the court to reduce or waive the bond. The court may grant the waiver after reviewing the waivers and financial information; if not, you must post bond or arrange acceptable security.

Where to read the law: The North Dakota Century Code contains the probate statutes that govern bonds and administration procedures. See the Probate Code, Title 30.1, at the North Dakota Legislative branch site: https://www.legis.nd.gov/cencode/t30.1. For practical court procedures and forms, see the North Dakota Courts’ probate/self-help pages: https://www.ndcourts.gov.

When you should consult an attorney: If the estate has significant assets, complex debts, potential disputes among heirs, creditor claims, or if you’re uncertain whether a waiver is likely, consult a probate attorney. An attorney can prepare the waiver request or help you secure a commercial bond and explain potential personal liability.

Disclaimer: This article explains general North Dakota probate principles and is not legal advice. For advice about a specific estate or case, contact a licensed North Dakota attorney or the probate court clerk.

Helpful hints — quick checklist and tips

• Contact the county probate clerk early — they can explain local procedures, required forms and fees.
• Gather a preliminary inventory of the estate (bank accounts, real property, vehicles, investments) to help estimate an appropriate bond amount.
• If all heirs agree to waive bond, obtain written, signed waivers that identify the estate and the waiver language; file them with your petition or motion to the court.
• Compare bonding options: commercial surety companies usually charge a premium (a percentage of the bond) but protect your personal assets; individual sureties may be acceptable but carry personal risk for those who sign.
• Ask whether the estate qualifies for simplified/small‑estate procedures in North Dakota — those procedures can reduce paperwork, cost, and bonding needs.
• Keep detailed records and receipts throughout administration; even with a bond, accurate accounting reduces disputes and exposure to claims.
• If a creditor or heir objects to a bond waiver, expect the court to schedule a hearing. Be prepared with documentation supporting your request.