Short answer

Under Nebraska law, a personal representative (administrator) will generally be required to give a bond unless the court orders otherwise. Interested persons (heirs or creditors) can agree to a waiver, and a will sometimes waives bond for an executor, but the court has authority to require a bond to protect the estate’s assets. You should get any waiver documented and filed with the court and be aware that waiving bond reduces third‑party protection and may increase personal risk for the administrator.

How bonding normally works in Nebraska probate

When someone dies without a will (intestate) and the county court opens an estate, the court appoints a personal representative (often called an administrator). The personal representative is a fiduciary. Courts commonly require a bond (also called security) to protect estate creditors and beneficiaries from loss if the administrator mismanages assets.

Nebraska’s statutory probate provisions (see Chapter 30 of the Nebraska Revised Statutes) govern appointment and duties of a personal representative. The statutes give the court discretion to set the amount and type of bond and to accept waivers or reductions in appropriate cases. For the text of Nebraska’s probate statutes, see: https://nebraskalegislature.gov/laws/statutes.php?chapter=30

Can heirs or other interested persons waive the bond?

Yes — in many cases the heirs or other interested persons can agree to waive or reduce the bond. Typical points to know:

• Who can waive: generally the persons who have legal interest in the estate (heirs, distributees, or legatees) may sign a written waiver or consent. Creditors may not be bound by such a waiver in the same way as heirs, because a bond primarily protects creditors and beneficiaries.
• How to make it official: a signed written waiver or consent should be filed with the probate court. Oral agreement among family members will not protect the administrator — the court needs documented evidence or a court order showing the waiver.
• Court approval: even when heirs agree, the court has discretion. If the court believes a bond is needed to protect the estate (for example, when estate assets are large, assets are difficult to track, or there are contested claims), the court can require a bond despite a waiver.

Why a court might still require a bond

The court’s job is to protect estate assets and the rights of creditors and beneficiaries. Common reasons a court will insist on a bond even if heirs agree to waive include:

• Significant or liquid assets that could be lost or misapplied.
• Disputed heirship, creditor claims, or likely litigation.
• Administrator has a conflict of interest, prior financial problems, or is not a resident.
• Concerns about fraud, incompetence, or lack of record-keeping.

Common bond alternatives

If the court is willing to relax the bonding requirement, it may approve alternatives, such as:

• Reducing the bond amount to a lower figure tied to estate liquidity.
• Accepting a surety bond issued by a bonding company (the usual approach).
• Allowing a personal surety (one or more people sign as guarantors).
• Permitting the administrator to deposit cash or other assets with the court as security.

Practical steps if you’re facing this situation

1. Talk with the probate clerk. Ask whether the court’s local practice allows waivers and what forms are required.
2. Get waivers in writing. Have each heir or interested person sign a written and notarized waiver or consent and file it with the court.
3. Request a court hearing if the clerk or judge prefers an order on the record rather than just filed consents.
4. If a bond is required, get quotes from surety companies to learn cost; consider whether a reduced bond or other security is acceptable to the court.
5. Consider limited or informal administration options available in Nebraska if the estate qualifies — smaller procedures can reduce need for bond and paperwork.
6. Consult an attorney when heirs disagree, when estate assets are substantial, or when creditors appear — an attorney can help present a waiver or argue for a lower bond.

Risks of waiving the bond

When heirs waive bond, the estate and its beneficiaries lose a layer of protection. If the administrator mismanages funds, creditors or beneficiaries may have to sue the administrator personally. A bond provides a ready source of recovery without having to sue the administrator’s personal assets.

When to get legal help

Seek an attorney if any of the following applies:

• Heirs do not agree about waiving bond.
• The estate has significant assets, business interests, or complex investments.
• There appear to be creditor claims, tax issues, or potential litigation.
• You are unsure how to prepare a proper written waiver for filing with the court.

Helpful hints

• Always file any written waiver or consent with the probate court clerk and request a stamped copy for your records.
• Request a short written order from the court confirming that the bond is waived or reduced — this creates clear protection later.
• Get independent valuations of estate assets before agreeing to waive bond if asset value is uncertain.
• Ask the clerk how the court usually sets bond amounts so you can estimate cost ahead of time.
• Consider purchasing fiduciary liability insurance if you will serve without bond and want extra protection.
• Keep careful, dated records of all estate receipts and distributions — that reduces the risk of disputes and court-ordered bond requirements later.