Do I have to post a bond to serve as administrator in Nevada probate, or can everyone waive it?

Short answer: Under Nevada law, the court normally requires a fiduciary bond from a personal representative (administrator) but the court may waive or reduce the bond if all interested persons consent in writing and the court approves. The court retains discretion to require a bond despite waivers if it finds good reason to protect estate creditors or beneficiaries.

Detailed Answer

This section explains how Nevada handles probate bonds for administrators (people appointed to administer an intestate estate), what a waiver means, and what steps to take.

What is a probate (fiduciary) bond?

A probate bond is a surety bond that protects the estate against losses caused by the administrator’s wrongful acts, neglect, or errors. If an administrator mismanages the estate, creditors or beneficiaries can make claims against the bond to recover losses.

Default rule: courts generally require a bond

Nevada statutes set out the duties and procedure for appointing personal representatives and the security (bond) they must give. The probate court typically requires a bond unless it orders otherwise. The statutes and rules for administration are in NRS Chapter 147. See the Nevada Revised Statutes on administration: NRS Chapter 147 (Administration of Estates).

When can the bond be waived?

Nevada law allows interested persons (heirs and beneficiaries) to sign written waivers consenting to the personal representative serving without bond or with a reduced bond. The court must review those written consents and may approve a waiver. Courts commonly approve waivers when all heirs or beneficiaries sign and there is no contest, but the court has discretion to require a bond if there is any concern about protection of creditors, disputes among heirs, complexity of the estate, or potential for mismanagement.

Practical limits on waiving bonds

• The waiver must be in writing and should clearly indicate the person’s identity and consent to waive the bond requirement.
• A waiver signed only by some heirs will not bind absent heirs or creditors; the court will look to whether all required parties have validly consented.
• The court can refuse a waiver if the estate contains business interests, high-value assets, disputes, outstanding creditor claims, or other risks.
• Creditors’ rights are not eliminated by heirs’ waivers. The court will consider protecting creditors when deciding whether to require a bond.

Alternatives and related procedures

If the estate is a small estate or qualifies for a simplified procedure, you may avoid formal administration altogether by using Nevada’s small estate or summary procedures. See NRS Chapter 146 for disposition of intestate estates or simplified claims: NRS Chapter 146. Even with simplified procedures, different rules apply about bonds and court involvement.

How to request a waiver of bond in practice

1. Contact the probate clerk in the county where the decedent lived to confirm local requirements and forms.
2. Prepare the petition for appointment as personal representative (letters of administration). On the petition, request that the court waive or reduce the bond.
3. Collect written waivers from all heirs and beneficiaries. Each waiver should identify the signer, state that the signer is an heir/beneficiary, and clearly waive the bond requirement (or consent to a reduced bond).
4. File the petition and the waivers with the court. Serve notice to required parties per court rules.
5. The court will review the waivers and can issue an order waiving or reducing bond if it finds that waiving is appropriate.

Risks of serving without a bond

Removing the bond reduces the estate’s direct protection against mismanagement. Without a bond, if the administrator breaches duties, the estate’s recovery may be limited to suing the administrator personally, which can be more difficult and time-consuming than a claim against a bond. For that reason, courts may ask for a bond even when heirs agree to waive it.

Helpful Hints

• Talk to the probate clerk early. County clerks provide forms and local filing requirements and can tell you whether local judges commonly grant waivers.
• Get written, signed waivers from all beneficiaries. Oral agreements won’t protect you in court.
• Consider a reduced bond. Courts sometimes accept a lower bond where heirs consent and estate risk is limited.
• Weigh the risk. If you are appointed without a bond, consider obtaining your own liability protection or professional advice because you can be personally liable for mistakes.
• Consider a surety company. If a bond is required, commercial surety companies issue probate bonds quickly; compare costs and terms.
• If estate issues are simple (small assets, no creditors), ask about summary procedures under NRS Chapter 146 to avoid formal administration.
• If heirs disagree or there are creditor claims, expect the court to require a bond.

Where to read the law: General rules for administration are in NRS Chapter 147: https://www.leg.state.nv.us/NRS/NRS-147.html. Simplified or small estate procedures are in NRS Chapter 146: https://www.leg.state.nv.us/NRS/NRS-146.html.

Next steps: If you expect to serve as administrator, contact the probate clerk in the county where the decedent lived and consider consulting a Nevada-licensed attorney if you expect disputes, large assets, or creditor claims.

Disclaimer: This article explains general Nevada probate principles and is not legal advice. For advice tailored to your situation, consult a licensed Nevada attorney.