Understanding Administrator Bond Requirements in South Carolina Intestate Estates

Short answer: In South Carolina, a person appointed to administer an intestate estate will generally be required to provide a probate bond (sometimes called a surety bond or security) unless the court expressly waives that requirement. Waivers are possible in certain circumstances—for example, when all heirs agree and the court finds security unnecessary, when a will waives bond for an appointed personal representative, or when the court orders administration under special small‑estate procedures. See South Carolina probate law (Title 62) for the statutory framework: https://www.scstatehouse.gov/code/t62.php.

Detailed answer — what the bond is and when it’s required

A probate bond is a promise, backed by a bonding company or other approved security, that the person appointed to manage the estate will perform duties faithfully and honestly and will pay losses to the estate if the representative mismanages assets. The probate court sets the bond amount, usually tied to the estimated value of the estate’s assets and expected receipts and disbursements.

Under South Carolina probate law (Title 62), courts routinely require administrators appointed for intestate estates to give security unless the court waives the requirement or the applicable statute or instrument provides otherwise. Common scenarios:

• Bond required by default: If someone is appointed as administrator of an intestate estate, the clerk or judge will typically require a bond to protect creditors and heirs against mismanagement.
• Waiver by agreement of heirs: The court may approve an administration without bond if all persons entitled to share in the estate sign a written waiver or otherwise consent and the court determines that waiver is proper and safe.
• Waiver in a will: When there is a will that expressly waives bond for the named personal representative, the court will usually honor that waiver for an executor. For intestate estates (no will), such a written will waiver does not exist, so waiver depends on court action and beneficiary consent.
• Small‑estate or simplified procedures: South Carolina provides procedural options for small estates or limited administration in some cases. In those limited proceedings, bond requirements can be different or may be waived by statute or judicial order depending on the type of proceeding and amounts involved.

Because the statutes, local rules, and clerk practices interact, the practical result will often depend on: (1) the estate’s size and whether there is property likely to generate claims; (2) who the heirs or interested persons are and whether they consent to waiver; and (3) the probate judge’s discretion.

How a waiver is usually obtained

Typical steps to request a waiver of bond in South Carolina:

1. Contact the probate clerk’s office where the decedent lived to learn the local requirements and obtain the forms used there.
2. Prepare and file the application for appointment as administrator. If you want to ask for no bond, include a written request asking the court to dispense with security and explain the reasons (e.g., all heirs consent, small estate, lack of creditors).
3. Have all heirs and interested persons sign written waivers of bond (if they agree). The court will usually require these waivers to be notarized or filed under penalty of perjury.
4. Provide the court with information about estate assets and likely creditors so the judge can decide whether a bond is necessary to protect the estate.
5. If the court approves the waiver, it will issue letters of administration without requiring you to post a bond. If not, the court will set the bond amount and require you to obtain a qualified surety.

Alternatives if a bond is required

• Purchase a surety bond through a licensed bonding company (typical for most administrators).
• Post other court‑approved security, such as cash, a certificate of deposit, or real‑property collateral, if allowed by the court.
• Ask the court to reduce the bond amount where appropriate (for example, if the estate’s assets are overestimated or most assets are not collectible).

When you should consider an attorney

If the estate is complex (real property, ongoing business, contested creditor claims, disputes among heirs) or if you face resistance to a waiver request, consult a probate attorney. An attorney can prepare and file the necessary pleadings, communicate with the probate clerk and judge, help estimate an appropriate bond amount, and negotiate or document waivers from heirs.

Helpful Hints

• Start at the local probate clerk’s office — rules and forms vary by court.
• Collect a complete inventory of the decedent’s assets before applying — courts set bond amounts based on asset values and anticipated receipts.
• If all heirs agree to waive bond, get their waivers in writing and notarized if the clerk requires it.
• Be prepared to show why waiver is safe: small estate value, lack of creditors, close family relationships, or other protective facts.
• If a bond is ordered, compare quotes from surety companies; premiums vary and are typically a small percentage of the bond amount.
• Keep good records and receipts while administering the estate — that is the best protection against claims that could trigger surety liability later.
• If you are asked to serve but are uncomfortable providing a bond or dealing with disputes, consider stepping aside and letting another qualified person serve, or hire a probate attorney to act as personal representative where permitted.

Where to read the law: South Carolina’s probate statutes are in Title 62 of the South Carolina Code. Review Title 62 and the chapters on administration and probate procedure for the governing rules: https://www.scstatehouse.gov/code/t62.php. For court‑specific forms and local procedures, visit your county probate clerk’s website or the South Carolina Judicial Branch at https://www.sccourts.org/.

Disclaimer: This article explains general principles of South Carolina probate practice and is for informational purposes only. It is not legal advice and does not create an attorney‑client relationship. For advice about a particular estate, contact a licensed South Carolina probate attorney or your local probate clerk.