Do you have to post a probate bond in New York when there is no will?

Short answer: In New York, a personal representative (administrator when there is no will) will generally be required to furnish security (a probate bond) unless the Surrogate’s Court dispenses with that requirement. The court can waive the bond if all persons entitled to share in the estate sign a written waiver or if the court otherwise finds good reason to dispense with security. The court retains discretion and may require a bond to protect creditors and distributees.

How bonds work and why courts require them

A probate bond is a form of financial security that protects the estate, creditors, and heirs from loss if the administrator mismanages estate assets or fails to perform fiduciary duties. The bond amount usually reflects the value of the estate and any expected liabilities. In New York, Surrogate’s Court rules and state law govern when security is required, how much, and how it may be dispensed with. See the Surrogate’s Court Procedure Act for governing law: https://www.nysenate.gov/legislation/laws/SCPA.

Can everyone just agree to waive the bond?

Yes—but with conditions. The common route to avoid a bond is for all persons who are legally entitled to a share of the estate (the distributees/heirs at law) to sign a written waiver or consent stating they accept administration without security. The court will review that waiver. If the waiver is properly executed and filed, the Surrogate’s Court will often dispense with security. However, the court has discretion and may still require a bond if there are concerns about creditors, contested claims, unusual assets, or the fitness of the proposed administrator.

Key situations when the court may refuse a waiver

• There are known or likely creditor claims against the estate.
• Not all distributees have actually signed a valid written waiver (e.g., a minor or unknown heirs).
• The proposed administrator has a conflict of interest, a history of financial problems, or the court doubts their ability to perform fiduciary duties.
• The estate holds complex assets (business interests, out-of-state property) that raise risk of loss.

Practical steps if you want to waive bond

1. Identify all persons entitled to share in the estate (heirs at law). You must get the signatures of everyone who would inherit under New York intestacy rules.
2. Prepare a signed written waiver or consent to dispense with security. The Surrogate’s Court often expects a signed writing acknowledging the risks and consenting to administration without a bond.
3. File the waiver along with your petition for letters of administration in Surrogate’s Court. Provide full disclosure about estate assets and liabilities so the court can evaluate risk.
4. Be ready for the court to ask questions or to require a limited bond (for a portion of the estate) or a bond with a corporate surety instead of personal sureties.

Types of security and alternatives

When security is required, the usual options are:

• Personal sureties: individuals who promise to be liable up to the bond amount.
• Corporate surety: an insurance company issues the bond for a premium (common for larger estates).
• Cash or substitute securities acceptable to the court.

Where to look in the law

The Surrogate’s Court Procedure Act (SCPA) controls many probate procedures, including security for fiduciaries. See the SCPA for governing provisions: https://www.nysenate.gov/legislation/laws/SCPA. Your local Surrogate’s Court may also have forms and local rules explaining how to present waivers and petitions—check the Unified Court System’s Surrogate’s Court pages for your county.

Helpful Hints

• Get waivers in writing and keep originals. A verbal agreement is not enough for the court.
• Confirm every potential distributee — including heirs who live out of state or whose location is uncertain — before relying on a complete waiver.
• Disclose known or likely creditors to the court. A failure to disclose can mean the court will insist on a bond.
• If someone refuses to sign a waiver, the court can still appoint an administrator but will likely require security.
• Compare bond costs: corporate sureties charge a premium (often a percentage of the bond amount); personal sureties may be harder to find but avoid ongoing premiums.
• Check local Surrogate’s Court rules and forms early. Each county may have preferred language or a specific form for waivers and petitions.
• When in doubt, consult a probate attorney to review the estate inventory and advise whether seeking a waiver is realistic.

Disclaimer: This article explains general New York probate concepts and is for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice specific to your situation, consult a licensed New York attorney.