Do I have to post a bond to serve as administrator in Michigan probate?

Short answer: Under Michigan law the probate court generally requires some form of fiduciary security (a bond) for a personal representative, but the court can accept a written waiver of bond from interested persons or a will provision waiving bond. The court, however, has discretion and may still require a bond if it believes the estate or circumstances warrant protection.

How bonds work in Michigan probate

When someone is appointed to administer an estate in Michigan (often called a personal representative or administrator), the court normally requires that person to provide a fiduciary bond (a surety bond) to protect estate assets during administration. The bond amount is set by the court and is designed to protect creditors and heirs if the administrator mismanages or loses estate property.

When can bond be waived?

Michigan law allows the requirement for a bond to be waived in certain circumstances. Common ways a bond can be waived include:

• A written provision in a will that waives bond for the person named to serve as personal representative.
• A written and signed waiver by all interested persons (heirs and beneficiaries) filed with the court consenting to the appointment without bond.
• Court approval of a waiver after it considers the estate size, the relationship and the risk of loss to the estate.

Even when all interested persons sign a waiver, the probate judge retains discretion. If the judge believes the waiver would expose the estate or creditors to undue risk—because the estate is large, complicated, has many creditors, or there are concerns about the proposed administrator’s ability to perform—the judge can require a bond anyway.

Practical steps to ask for a bond waiver in Michigan

1. File a petition for appointment of personal representative in the county probate court where the decedent lived.
2. If there is a will, check whether it contains a bond waiver clause and file the will with the petition.
3. Obtain written waivers from all heirs and interested persons. Make sure each waiver clearly states consent to appointment without bond and is signed, dated, and filed with the court.
4. File the waivers with the court and request issuance of letters without bond. Include any information the court requires about estate value and known creditors.
5. Be prepared for the court to ask questions or require a bond despite waivers. If the court orders a bond, you can typically seek a reasonable reduction or purchase a surety bond from a bonding company.

What if the court requires a bond?

If the judge requires a bond, the court will set the amount. The appointed person has several options:

• Post a corporate surety bond (obtained through a bonding company or insurance agent).
• Post cash or other security acceptable to the court (less common).
• Ask the court for a reduced or unsecured bond; the court may allow an unsecured bond if the risk is low and the interested persons agree.

Hypothetical example

Suppose Jane dies intestate (no will). Her three adult children are sole heirs and all live locally. One child petitions the probate court to be appointed administrator and all three sign a written waiver of bond and file it with the petition. The probate judge reviews the estate report and sees modest assets and no known creditor disputes. The judge may accept the waivers and appoint the petitioner without a bond. But if the estate held a large business interest, rental properties, or there were disputes among heirs, the judge could require a bond despite the waivers.

Where to look in Michigan law

Michigan’s Estates and Protected Individuals Code (EPIC) contains the probate rules that govern appointment of personal representatives and security requirements. You can review the EPIC and related probate statutes at the Michigan Legislature site: https://www.legislature.mi.gov. For practical probate forms and local procedures, check the Michigan Courts website: https://courts.michigan.gov.

Helpful Hints

• Get written waivers from all heirs or beneficiaries and file them early with the court if you want to avoid bond.
• Even if everyone agrees, the judge can require a bond—expect that possibility and be prepared to obtain a surety bond quickly.
• If a bond is ordered, shop for a surety bond through an insurance or bonding agent; premium costs vary with estate size and the administrator’s credit.
• Check local probate court forms and procedures—counties can differ in required filings and deadlines.
• Consider consulting a probate attorney if the estate is large, there are creditor claims, real property, business interests, or family disputes. An attorney can advise on asking the court to reduce or waive bond and can prepare the proper waivers and filings.

Disclaimer: This article is educational only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Michigan probate attorney or contact the local probate court.