Detailed Answer — Ohio probate bonds for administrators (intestate estates)
Short answer: Under Ohio law, probate courts generally require an administrator (someone appointed when a person dies without a will) to give a fiduciary bond to protect the estate’s creditors and heirs. The persons with a legal interest in the estate can usually waive the bond by written consent, but the probate court has final discretion and may still require a bond if the judge thinks it is necessary to protect the estate or its creditors.
Why this matters: A probate bond (sometimes called a fiduciary or administrator bond) is an insurance-backed guarantee that the person who administers the estate will carry out their duties honestly and responsibly. If the administrator misuses estate property or fails to pay valid claims, the bond provides a source of recovery for the estate.
Primary Ohio law and where to read more: Ohio’s probate and fiduciary rules are generally found in the Ohio Revised Code chapters that govern appointment of fiduciaries and intestate estates. See the Ohio Revised Code chapters for probate and fiduciaries for the statutory framework (for example, Chapter 2109 and Chapter 2113):
Ohio Rev. Code Ch. 2109 and
Ohio Rev. Code Ch. 2113.
Who can waive the bond?
Generally, the people who would inherit under intestacy (heirs or distributees) and other persons with an interest in the estate can consent to waive the bond. A waiver should be in writing, clearly state that the signer consents to waive the bond requirement, and be filed in the probate court along with the application for appointment. Even with written waivers, the judge may refuse the waiver if the court believes a bond is necessary to protect the estate or creditors.
How the waiver process typically works
- Identify who has an interest in the estate (heirs/distributees and taxing authorities/known creditors). The probate judge or clerk can tell you who must be notified or whose consent is relevant.
- Prepare a written waiver form or written instrument signed by each interested person stating they consent to waive the bond requirement for the proposed administrator. Notarization is often required or recommended.
- File the waiver(s) with the probate court when you file the application to be appointed administrator.
- The court reviews the application and any waivers. The judge can accept the waivers and dispense with the bond, or the judge can require a bond despite the waivers.
When a court is likely to require a bond despite waivers
The probate court will protect the estate and creditors. The judge may require a bond if:
- Creditors or other interested parties object to the waiver;
- The proposed administrator is inexperienced, has a history that raises concerns, or lacks local ties;
- The estate seems large, complex, or at risk of theft or mismanagement;
- There are disputes about who the heirs are or who should be administrator.
Alternatives and practical points
If the court requires a bond, the administrator can usually obtain a surety bond through a bonding company. The bond amount is often tied to the estate’s probable value or the assets the administrator will control. Sometimes bond may be limited by the court (for instance, giving smaller bond to a close family member) or secured by collateral instead of a surety company, but that depends on the court’s rules and the circumstances.
Small estates and simplified procedures
Ohio provides certain simplified procedures for small estates that can reduce formal probate steps and, in some cases, avoid appointment of an administrator or bonding requirements. Whether you qualify for a small‑estate procedure depends on the value and type of assets and on meeting statutory requirements. Check the probate clerk’s information for your county or ask a probate attorney about small‑estate options.
What you should do next
- Contact the probate court clerk in the county where the decedent lived to ask whether your situation requires a bond and to get local forms and procedures.
- Identify all potential heirs and interested parties — their written waiver will usually be required to avoid a bond.
- File any waivers with the application to be appointed administrator. Keep originals and certified copies as the court requires.
- If someone objects or the court requires a bond, get a quote from a surety company and consider talking to an attorney about options (collateral, limited bond, or court supervision).
Helpful Hints
- Get waivers in writing and notarized if possible; oral agreements are not reliable in probate court.
- File waivers with the appointment documents rather than waiting — that speeds up the court’s review.
- Ask the probate clerk for local forms. Each county’s probate court often has specific forms and filing practices.
- Remember the court can override waivers to protect creditors and the estate — unanimous consent of heirs does not absolutely eliminate the judge’s power to require a bond.
- If the estate has known creditors or is substantial, expect the court to be cautious and possibly require a bond.
- Consider hiring a probate attorney if heirs disagree, creditors claim against the estate, or the administrator lacks experience managing finances or assets.
Disclaimer: This article explains general principles of Ohio probate and fiduciary bonds for educational purposes only. It is not legal advice and does not create an attorney–client relationship. For advice about a specific case, contact a licensed Ohio probate attorney or the clerk of the local probate court.