Detailed Answer

Short answer: In Wisconsin, the court generally requires a personal representative (an administrator for an intestate estate) to post a bond or other security before taking control of estate assets. The court can reduce, increase, or waive that bond in certain circumstances, but a waiver is not automatic. This article explains when a bond is required, how the amount is set, when and how the requirement can be waived, and practical steps to seek a waiver.

What the court means by a bond or security

A bond (sometimes called a fiduciary bond, probate bond, or personal representative’s bond) is a promise backed by a surety company or cash that the personal representative will properly manage and turn over estate assets. A bond protects the estate and the heirs from fraud, negligence, or waste by the administrator. Wisconsin law addresses security for fiduciaries; see the Wisconsin statutes on security for personal representatives: Wis. Stat. ch. 859.

When a bond is normally required

When a person is appointed as a personal representative (administrators are the label used where there is no will), the probate court usually requires that person to post a bond before letters are issued. The court sets the amount based on the estate’s assets, expected receipts, and potential liabilities. The goal is to make the estate whole if the representative fails in duties.

How the bond amount is determined

The court typically bases the bond on the value of estate assets plus anticipated receipts (for example, life insurance proceeds that pass through the estate, unpaid wages, or tax refunds). The court may require a bond equal to the total value of estate assets, or it may set a lower or higher amount depending on risk factors such as the representative’s experience, whether the representative is a beneficiary, or pending litigation against the estate.

Ways the requirement can be waived or reduced

Although the court commonly requires a bond, Wisconsin law and court practice allow several routes to avoid or reduce the bond requirement:

• Waiver by interested persons: Heirs or other interested persons who are entitled to receive estate distributions may be able to waive the bond requirement in writing. If all persons entitled to distribution agree to waive bond, the court often will grant that waiver and issue letters without a bond.
• Will-based waiver (not applicable to intestacy): If a decedent’s will names a personal representative and expressly waives bond, the court will typically honor that waiver. For an intestate estate (no will), this route is not available.
• Court discretion: Even without a formal written waiver, a judge has discretion to reduce or waive security if circumstances justify it. Examples include small estates with very little property, a proposed administrator who is the sole beneficiary and poses low risk, or if all interested parties agree in court. The court can also order a partial bond—covering only certain assets—rather than full security.

How to ask the court to waive or reduce a bond

1. Identify interested persons. List all heirs and any creditors that may have claims.
2. Obtain written waivers where possible. A simple written and signed statement from each heir stating they waive the bond requirement is persuasive. Bring originals to court or attach them to your petition.
3. File a petition or motion with the probate court. Ask the judge to waive or reduce the bond, explain why waiver is appropriate (small estate, all heirs agree, relationship/trust, prior fiduciary experience), and attach the waivers or supporting documents.
4. Be prepared to propose alternative security. The court may accept a reduced bond, a surety bond from a bonding company, or a cash deposit with the court in lieu of a surety.
5. Attend the hearing. If any interested person objects, the court will hear argument and decide whether to require full security.

Costs and practical considerations

• Surety bond premium: If the court requires a surety bond, you typically pay a nonrefundable premium to a bonding company. The premium commonly ranges from 1% to several percent of the bond amount depending on risk and creditworthiness.
• Cash or other security: Instead of a surety, the court may permit a cash deposit or other approved security. Cash requires the estate or the representative to tie up funds.
• Timing: The court generally will not issue letters of administration until required bond or an approved waiver is in place. That can delay access to bank accounts and the ability to act as administrator.
• Creditor protection: Even when heirs agree to waive bond, the court will consider whether waiver would unfairly expose creditors or vulnerable beneficiaries.

Example scenarios (hypothetical)

Scenario A — Small estate and unanimous heirs: If your mother died intestate leaving a modest bank account and two children who agree that you should be administrator, you and the other heirs can sign a written waiver asking the court to dispense with a bond. The judge often will waive the bond if the estate is small and everyone agrees.

Scenario B — Significant assets or disputes: If the estate includes real estate, business interests, or if there is disagreement among heirs or potential creditor claims, the court will likely require a bond. You can ask the court to set the bond at an amount that protects the estate, or to allow a surety company to provide the bond.

Where to look in the statutes

Wisconsin statutory provisions address security for fiduciaries. For the rules and court authority on fiduciary security and bonds, see Wis. Stat. ch. 859: https://docs.legis.wisconsin.gov/statutes/statutes/859. Your county probate court’s local rules and forms may also spell out required procedures and local practice for waivers and petitions.

When to talk to an attorney

Contact an attorney if:

• The estate has substantial assets or debts.
• Heirs disagree about administration or distributing assets.
• Creditors have asserted claims or litigation is pending.
• You need help drafting waivers or a petition to the court.

Disclaimer: This article is for general informational purposes only and is not legal advice. I am not a lawyer. Laws change and courts apply statutes to specific facts. Consult a licensed Wisconsin attorney to get advice tailored to your situation.

Helpful Hints

• Gather a list of heirs and their contact information before filing. A full list speeds any waiver process.
• Ask heirs to sign a clear, dated written waiver that references the probate case number or the decedent’s name and date of death.
• Bring proof of estate value (bank statements, real estate valuations) to show the court when requesting a waiver or reduction.
• Compare bonding options. Surety premiums vary—shop several agencies if a surety bond is required.
• Check your county’s probate forms and local rules; some counties provide standard waiver forms or step-by-step guides.
• If you are both an heir and the proposed administrator, courts sometimes look more favorably on waivers because the administrator already benefits from the assets, but the court still protects creditors and other beneficiaries.