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

Short answer: In Wyoming, courts generally require a personal representative (an administrator for an intestate estate) to post a fiduciary bond unless the bond is waived or reduced by law or by the court. A waiver or reduction can be possible in some situations—for example, when all heirs consent, when local rules allow an unsecured appointment, or under other specific court-ordered conditions. This article explains how bonds work in Wyoming probate, when waivers are possible, and practical steps to seek a waiver or reduce bond requirements.

Detailed answer — How bonds work for administrators in Wyoming

When someone dies without a will (intestate), the court appoints an administrator to collect assets, pay debts, file taxes, and distribute what remains to the heirs. Because administrators handle other people’s money and property, the court usually requires a fiduciary bond. The bond protects the estate and heirs if the administrator mismanages funds or acts improperly.

What the bond does

• Acts as insurance (or security) that the administrator will faithfully perform duties.
• Requires a surety company or cash/other security equal to the bond amount, or an approved unsecured bond if the court allows it.
• Provides a source for heirs or creditors to recover losses caused by misconduct or negligence by the administrator.

How the bond amount is set

The bond amount is typically based on the value of the estate’s assets and the risks identified by the court. The court sets the amount at the time of appointment or after reviewing an inventory. If the estate contains substantial assets, the bond will generally be higher.

Can the bond be waived or reduced?

Yes — but only in certain circumstances and usually with court approval. Common paths to waiver or reduction include:

• All heirs or beneficiaries sign a written waiver or consent asking the court to dispense with bond. If the court accepts the waiver, it may appoint an administrator without bond.
• The court exercises discretion to reduce or waive the bond because of special circumstances (for example, small estate value, the administrator is the sole heir, insurable circumstances, or available security in the estate).
• State or local rules provide that a nominated fiduciary may serve without bond (rare for intestate administrations), or allow an unsecured appointment if the fiduciary pledges an accounting and other safeguards.

What the court considers when deciding whether to waive or reduce a bond

• The size and types of estate assets.
• Whether creditors are likely to claim against the estate.
• The relationship and trustworthiness between the administrator and the heirs (for example, a sole heir often can get bond reduced).
• Written consents from the heirs or beneficiaries.
• Availability of other protections (insurance, escrow, or court-ordered accounting requirements).

Typical process if you want a bond waiver or reduction

1. File a petition for appointment as administrator with the local probate court (county court handling probate). Include an estimate of estate value and a proposed bond amount.
2. If heirs agree to waive bond, obtain signed written waivers from all heirs and attach them to your petition (the court will want clear written consent).
3. Request that the court waive or reduce the bond in your petition and explain the reasons (e.g., small estate, sole heir, consents, cash on hand, insurance).
4. The court may schedule a hearing or rule on the papers. Be prepared to provide documentation (inventory, heir lists, valuations).
5. If the court denies the waiver, you will need to post the bond (through a surety company or by posting cash or other court-acceptable security) before receiving letters of administration.

Alternatives and practical considerations

• If the estate is very small, you may be able to use Wyoming’s small estate procedures (affidavit or simplified probate), which sometimes avoid full appointment and bonding requirements. Check local rules and statutes for small‑estate thresholds.
• A surety bond is often cheaper than posting cash; a licensed surety company issues the bond for a premium based on the bond amount and your credit/background.
• Even if heirs sign waivers, the court has ultimate discretion and may still require a bond if there are creditors, disputes, or other risks.

For the Wyoming statutes and more detailed statutory language about probate and fiduciary duties, see the Wyoming Legislature’s statutes page: https://wyoleg.gov/Statutes. Search the probate-related titles for provisions on appointment, bonds, and administration procedures. Your county probate court’s clerk can also point you to local forms and rules.

Helpful hints — practical tips if you are seeking appointment as administrator

• Before filing, list all potential heirs and ask them in writing whether they will consent to waive bond. Clear, signed waivers are persuasive to the court.
• Estimate the estate value conservatively and prepare an inventory early. The inventory helps the court set an appropriate bond amount.
• Contact a reputable surety company to get a bond premium quote so you know the potential cost if the court requires a bond.
• Check whether the estate qualifies for small‑estate procedures in Wyoming to avoid full probate and bonding—ask the county clerk or look for local forms.
• Consider getting legal guidance if heirs dispute the waiver, if creditors are likely to file claims, or if the estate contains real estate or business interests.
• Keep records and prepare to file periodic inventories and accountings as required by the court—these reduce the court’s perceived risk and may support a lower bond later.

What to bring to the probate court or an attorney

• Death certificate and basic information about the decedent.
• List of assets and approximate values (bank accounts, real property, vehicles, insurance proceeds).
• Names and addresses of heirs and next-of-kin.
• Any written waivers or consents from heirs regarding the bond.
• Estimates or quotes from surety companies if you expect to need a bond.

Disclaimer

This article is for general informational purposes only and is not legal advice. I am not a lawyer. The law varies by situation and changes over time. For advice tailored to your circumstances, consult a licensed Wyoming attorney or your local probate court.