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Short answer: Under Maine law, the probate court can require a bond from a personal representative (the person who administers an estate when there is no will). The court may also allow interested persons to waive the bond in many cases, but the court has the final say and may still require a bond if it believes one is needed to protect the estate.

When someone dies without a will, Maine law provides for the appointment of a personal representative to collect assets, pay debts, and distribute what remains to heirs. A bond is an insurance-like guarantee that the personal representative will perform those duties faithfully. Whether you must post a bond depends on several things: the statutory default rule, any waivers signed by the heirs or other interested persons, the court’s assessment of risk, and any exceptions that apply.

Key points to understand:

• Default rule: The probate code authorizes the court to require a bond of a personal representative. The court sets the bond amount based on the assets and risks involved in administering the estate.
• Waiver by interested persons: Maine allows interested persons (for example, heirs and devisees) to consent to reducing or waiving a bond in many circumstances. If all the persons with an interest in the estate sign a proper written waiver, the court commonly accepts that waiver and will not require a bond.
• Court discretion and protection: Even when heirs agree to waive a bond, the judge can still require one. The court may require a bond if it finds a significant risk of mismanagement, if heirs are minors or incapacitated, if an heir is unwilling or unable to evaluate risks, or if the personal representative has a conflict of interest or a history the court considers relevant.
• Exceptions and alternatives: Certain personal representatives may be exempt from bond requirements (for example, a corporate fiduciary or a public official in some situations), or a will may direct that no bond be required if a testator expressed that wish. The court will follow statutory exceptions or a lawful directive in a will, subject to its duty to protect creditors and beneficiaries.
• Practical effect: A bond protects creditors and heirs by providing a source of recovery if the personal representative mismanages the estate. Waiving the bond reduces cost and administrative burden but reduces that protection.

For the statutory framework, see the Maine statutes governing probate and personal representatives at the Maine Legislature website: https://legislature.maine.gov/statutes/. For practical probate procedures and forms, the Maine Judicial Branch provides probate court information here: https://www.courts.maine.gov/court-records/probate/.

If you are considering serving as personal representative or are one of the heirs, take these practical steps:

1. Ask the probate clerk how bond is handled locally and whether a bond waiver form is available.
2. Confirm who qualifies as an “interested person” who must sign a waiver.
3. Get a written, signed waiver from all interested persons and file it with the court if you want to avoid a bond.
4. Be prepared for the court to require a bond despite a waiver—especially if the estate has complicated assets, outstanding debts, or contested heirs.
5. Consider a professional fiduciary or bonding company if the court requires a bond you cannot personally finance.

When the court is likely to require a bond despite a waiver

• Large or complex estates with significant liquidity or asset-management risk.
• Concerns about the proposed personal representative’s honesty, experience, or conflicts of interest.
• Heirs who are minors, incapacitated, or unrepresented.
• Potential claims by creditors or ongoing litigation tied to the decedent’s affairs.

How to get a bond if required

If the court requires a bond, you normally obtain it from an insurance company or a surety bonding company. The bond premium is a percentage of the bond amount, and the court will approve the surety used. Sometimes the court will accept other security—such as a pledge of assets in lieu of a surety bond—if permitted by statute or the court.

Next steps if you disagree with the court’s bond decision

You can ask the court for a hearing to reconsider the bond amount or the requirement. Present evidence that the estate is small, that assets are simple and immediately distributable, or that all heirs understand and consent to the waiver. If the court still requires a bond, review options for affordable surety companies or ask whether the court will accept alternate security.

Important: This explanation summarizes how bond requirements typically work in Maine probate. It does not substitute for legal advice tailored to the particular facts of any estate.