Short answer

Under Utah law, a court generally requires an administrator (a person appointed to manage an intestate estate) to give a fiduciary bond before receiving full authority to act. The court can waive or reduce that bond in certain circumstances — for example, if all heirs agree in writing, if the estate qualifies for a simplified or small‑estate procedure, or if the court finds a waiver is appropriate after considering estate size and risk. See Utah Code Title 75 (Probate Code) for the governing rules: Utah Code Title 75.

Detailed answer — how it works in Utah

This section explains how bonds operate for administrators of intestate estates in Utah, why the court asks for them, common exceptions, and the steps you can take if you want a waiver or reduction.

1. What is a fiduciary bond and why does the court require it?

A fiduciary bond (sometimes called an administrator’s bond, probate bond, or surety bond) is an insurance-style guarantee that the administrator will perform duties faithfully and account for estate assets. The bond protects heirs and creditors if the administrator mismanages or misappropriates estate property. The court normally sets the bond amount to cover the likely value of estate assets under administration.

2. Is a bond always required when someone is appointed administrator of an intestate estate?

No — not always — but the general rule is yes: a bond is typically required unless the court orders otherwise. Because an intestate estate has no will that might waive the bond, the court looks to statutory rules and the equities of the case when deciding whether to require, reduce, or waive surety. For an overview of the Utah probate code that governs these issues, see Utah Code Title 75.

3. Common ways a bond requirement can be waived or reduced in Utah

• Written waivers by interested persons: If all persons entitled to notice (usually all heirs or devisees) sign a written waiver consenting to appointment without bond, courts commonly accept that and dispense with the bond requirement. This provides clear evidence the interested parties understand and accept the risk.
• Small‑estate or simplified procedures: Utah has procedures for small or summary administrations and for collecting limited assets using affidavits or simplified petitions. Those procedures often avoid full letters of administration and therefore may not require the usual bond. If the estate qualifies under the small‑estate rules, you may not need to post a bond at all.
• Court discretion after hearing: The probate court can exercise discretion to reduce the bond amount or waive it if the facts support that decision — for example, where the administrator is a close family member with no history of financial misconduct, the estate is small, or heirs are protected in other ways (e.g., assets are cash in a bank with joint holder or where real estate is the only asset and the court imposes other safeguards).
• Collateral or restricted letters: In some cases a court will accept alternative security (for example, a deposit, lien on property, or restricted letters requiring court approval for transactions) instead of a standard surety bond.

4. Practical examples (hypotheticals)

Example A — Small estate: If your mother’s estate consists only of a checking account with a small balance and personal items that fall under Utah’s small‑estate thresholds, you might be able to use an affidavit or summary procedure that avoids posting a bond.

Example B — All heirs agree: If there are three adult children who are the only heirs and all sign written waivers consenting to your appointment without bond, the court is likely to waive the bond requirement or to reduce it substantially.

Example C — Larger estate or contested situation: If the estate includes real property, investments, or unresolved creditor claims, or if any heir objects, the court will likely require a bond sized to protect estate creditors and heirs.

5. How bond amounts and costs are determined

The court typically sets the bond amount based on the value of the estate and the anticipated risks. The administrator secures that bond through a surety company and pays a premium (a percentage of the bond amount). If you cannot afford a commercial bond, courts sometimes allow alternatives (a cash deposit, restricted accounts, or real estate collateral) but those require court approval.

6. How to ask the court to waive or reduce a bond

1. File the standard petition for appointment as administrator with the probate court in the county where your mother lived.
2. Include (or file separately) written waivers or consents from all heirs if available. The court gives weight to unanimous, informed consents.
3. If you seek a waiver or reduction, request that relief in your petition and state the reasons: estate size, heirs’ agreement, safeguards you propose (e.g., restricted withdrawals, co-administrator, bond alternatives).
4. Be prepared to provide an inventory or estimate of estate assets so the judge can assess risk and set a bond amount if not waived.
5. If an heir objects, the court will hold a hearing before deciding whether to require a bond.

7. Alternatives and safeguards

Courts can impose alternatives such as limited or supervised administration, requiring court approval for certain transactions, or allowing a cash deposit in lieu of a bond. If the court approves limited powers or supervision, it can reduce the need for a costly surety bond.

8. Where to read the law and find forms

For the statutory framework, begin with Utah Code Title 75 (Probate Code): https://le.utah.gov/xcode/Title75/75.html. For practical court forms, local rules, and step‑by‑step guides, check the Utah Courts probate information pages: https://www.utcourts.gov/howto/family/probate/. County probate clerks can also provide local forms and filing instructions.

9. When to talk to an attorney

Consider consulting a probate attorney when: (a) the estate is sizable or complex, (b) heirs or creditors may contest administration, (c) you cannot afford a commercial surety bond and need alternative security, or (d) you wish to request a waiver and want to make a strong, clear record for the judge. An attorney can draft the petition, assemble waivers, and propose suitable protections the court will accept.

Helpful Hints

• Before filing, list the estate assets and estimate values — the court uses that to set or waive bond requirements.
• If heirs are cooperative, obtain written waivers signed and notarized — they are powerful evidence to present to the court.
• Ask the probate clerk whether your county offers a small‑estate affidavit or simplified administration forms that avoid a bond.
• Shop for surety bond quotes early. Premiums vary by insurer and by bond amount.
• Consider proposing alternatives (cash deposit, lien, restricted letters) if a commercial bond is unaffordable; present these in your petition with clear safeguards for heirs.
• Keep records and receipts for all transactions. A bond protects heirs if you slip up — good records reduce disputes.
• If any interested person objects to waiving the bond, expect the court to require a bond unless you offer acceptable alternatives or the objections are resolved.