Bonds for Personal Representatives in Minnesota Intestate Probate

Short answer: Minnesota courts generally expect an administrator (personal representative appointed when there is no will) to post a fiduciary bond unless the bond requirement is waived in writing and the court approves the waiver. Interested persons can agree to waive a bond, but the court has discretion and may still require a bond if it finds protection of estate creditors or heirs is needed. For statutory guidance, see Minnesota Statutes, Chapter 524 (Uniform Probate Code) and the Minnesota Judicial Branch probate guidance at mncourts.gov — Probate.

Detailed Answer

When someone dies without a valid will (intestate), the court names an administrator (also called a personal representative) to collect assets, pay debts and taxes, and distribute the estate to heirs. Courts require fiduciaries to give a bond to protect the estate against loss from mismanagement, theft or mistakes.

Minnesota has adopted the Uniform Probate Code and places the bond rules and waiver provisions in Chapter 524. The practical rules that apply in most Minnesota probate cases are:

• The default rule is that the personal representative must furnish a bond in an amount set by the court based on the value and nature of the estate.
• A bond requirement can be waived by a writing signed by persons with sufficient interest in the estate (for example, all heirs), and the waiver is filed with the court; the court must still approve the waiver.
• Even when all interested persons sign a written waiver, the probate court retains discretion to require a bond where it believes the waiver would put estate creditors or heirs at risk — for example, where the administrator has a history of financial problems, where estate assets are large or unusual, or where claims against the estate are likely.

So, if everyone who has the right to challenge the appointment or to receive estate distributions signs a written waiver, the court will often approve appointment without a bond. But the waiver must be properly executed and filed in the probate proceeding, and the court can refuse the waiver if it finds good reason to protect the estate.

Typical court process and practical steps

1. Identify the interested persons. These are usually the heirs entitled to notice and distributions under Minnesota intestacy rules.
2. Prepare and file the petition for appointment of an administrator with the probate court. Attach any written waivers of bond signed by the interested persons.
3. The court reviews the petition, waivers, asset information, and may hold a hearing. If satisfied, the judge can appoint the administrator and either dispense with the bond or set a bond amount.
4. If a bond is required, the administrator can obtain a surety bond (through a bonding company), post cash or other security, or sometimes provide an alternative approved by the court.

When a court is likely to keep a bond requirement

• Estate assets are large, illiquid, or involve business interests.
• There are likely or pending creditor claims.
• The proposed administrator has conflicts, a poor financial history, or a history of mishandling assets.
• Not all heirs or interested persons sign the waiver.

Hypothetical illustration

Three adult siblings are the only heirs. The estate holds a modest savings account and a small car. All three sign written waivers of bond and file them with the county probate court. The court reviews the waivers and the asset list and appoints one sibling as administrator without requiring a bond. If instead the estate included rental properties with tenants and mortgage obligations, the court might insist on a bond despite the waivers.

Helpful Hints

• Get waivers in writing and have them filed in the court record. Oral agreements do not protect you.
• Identify and list estate assets when you petition the court. The court uses asset information to set bond amounts or decide on waivers.
• If someone objects to waiving the bond, expect the court to require a bond and to set the amount to protect the estate.
• Consider alternatives if a bond is expensive: the court may accept a smaller bond with additional security, cash deposit, or other conditions tailored to the estate.
• Ask the probate court clerk about local forms and procedures — some counties have checklists or waiver forms to streamline the filing.
• If you anticipate complex assets, disputes among heirs, or creditor claims, consult a probate attorney who practices in Minnesota before filing.

Where to read the law: The Minnesota statutory framework for probate and representative bonds is in Chapter 524 of the Minnesota Statutes: https://www.revisor.mn.gov/statutes/cite/524. For practical court information and local filing guidance, see the Minnesota Judicial Branch probate pages at https://www.mncourts.gov/Help-Topics/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 probate matter in Minnesota, consult a licensed Minnesota attorney or contact the local probate court.