Do I need to post a bond to serve as administrator of my mother’s intestate estate in Vermont?

Short answer: In Vermont, courts generally require an administrator of an intestate estate to give a fiduciary bond (a surety bond) to protect the estate and its creditors and heirs. The probate court can, however, in some circumstances reduce the bond amount or waive the requirement entirely—usually only with the court’s approval and often with the informed consent of interested persons (heirs and creditors). If you want the court to excuse a bond, you must request that relief when you petition to be appointed and provide facts that justify the waiver.

Detailed answer — what this means and how it works in Vermont

When a person dies without a will (intestate), Vermont’s probate court appoints an administrator to collect assets, pay debts and taxes, and distribute the residue to heirs. Because an administrator holds estate property for other people, courts commonly require a fiduciary bond (also called an administrator’s bond, executor’s bond, or surety bond). The bond is a promise, backed by a surety company or cash, that the administrator will properly perform duties and not misapply estate assets. If the administrator breaches duties, injured parties can make claims against the bond.

Vermont’s probate statutes and local court rules set the general practice that a bond is required unless the statute or the court permits a waiver. See Vermont’s probate statutes for full text and procedures: Title 14 – Vermont Statutes (Probate). For practical probate procedures and forms, see the Vermont Judiciary probate pages: Vermont Judiciary – Probate.

When a bond is normally required

• The administrator is typically required to give a bond as part of the appointment process. The court sets the bond amount to protect the estate based on the value and risk profile of estate assets.
• Common reasons the court wants a bond include: significant estate value, liquid assets that could be misapplied, anticipated creditor claims, or concerns about the proposed administrator’s experience or potential conflicts.

When the bond requirement can be waived or reduced

The probate court has discretion to waive or reduce the bond amount in certain circumstances. Typical situations include:

• Unanimous written consent from all heirs entitled to inherit under intestacy (the court will usually want clear, signed waivers).
• Small or negligible estate value—if the estate holds little or no assets, the court may find a bond unnecessary.
• The proposed administrator is the sole heir or the only interested person and the court is satisfied there is no risk of loss to others.
• When a statute or local rule specifically authorizes waiver or different security (for example, allowing cash deposit instead of surety).
• Strong evidence of the administrator’s trustworthiness, experience, or availability of other protections (such as co-administrators or supervision by the court) may persuade the court to reduce the bond amount.

How to ask the Vermont probate court to waive or reduce the bond

1. File your petition for appointment as administrator in the appropriate probate court and clearly state that you request waiver or reduction of bond, explaining why (e.g., small estate, unanimous heir consent, sole heir, lack of creditors).
2. Attach any signed waivers or consents from heirs or entitled persons. Courts give weight to written and notarized waivers made after full disclosure of estate facts.
3. Provide an inventory or estimate of estate assets and liabilities so the court can set an appropriate bond amount if it declines a full waiver.
4. Be prepared for the court to set a hearing so interested persons can object. If anyone objects, the court will decide whether a bond is necessary and, if so, the required amount.

What kinds of security are acceptable

Courts commonly accept:

• A surety bond from a licensed surety (the most common option for administrators who do not want to post cash).
• A cash bond (depositing funds with the court).
• Other security acceptable to the court (certificates of deposit, real estate collateral, etc.).

Consequences of not posting a required bond

If the court requires a bond and you do not provide it, the court will not appoint you as administrator. Acting as administrator without court appointment or without required bond can expose you to personal liability for estate losses and may lead to removal and other penalties. If you are worried about the cost of a surety bond, discuss alternatives with the probate court clerk or a probate attorney.

Practical steps you can take now

1. Contact the local probate court clerk where your mother lived and ask about local forms and standard bond amounts for estates of similar size.
2. Prepare a simple inventory of known assets and debts; the court will use that to determine bond amount or whether waiver is reasonable.
3. Talk to other heirs. If they are willing to sign a written waiver or consent, bring those documents to the court with your petition.
4. If you need a bond but are concerned about cost, get quotes from licensed surety companies—cost depends on bond amount and your financial history.
5. Consider consulting a probate attorney if the estate is complex, there are potential creditor claims, or family members disagree about waiver.

Helpful hints

• Start early: gathering heir consents and an asset list shortens the time to appointment and may help secure a waiver.
• Written waivers should be informed (show heirs the asset inventory so they understand what they’re waiving).
• If the estate has little cash but valuable real property, the court may still require a bond sized to protect creditors and heirs until property can be liquidated or transferred.
• If you are the deceased’s spouse or close heir, mention that in your petition—courts sometimes consider family relationship when weighing bond relief, though it is not automatic.
• Keep careful records and bank accounts separate for estate funds; even with a bond, the administrator is personally responsible for honest and accurate administration.

Where to read the law and get court forms

Vermont statutes addressing probate and fiduciaries are collected in Title 14 of the Vermont Statutes: https://legislature.vermont.gov/statutes/title/14. For probate procedures, local rules and forms, use the Vermont Judiciary probate pages: https://www.vermontjudiciary.org/court/probate.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney–client relationship. For advice about a specific situation, contact a licensed Vermont probate attorney or the probate court.