Do I have to post a bond to serve as administrator (no will) under Tennessee law?

Short answer: Usually yes — Tennessee courts generally require a personal representative (administrator) to give a probate bond unless the court approves a written waiver by those entitled to inherit or the court otherwise dispenses with the bond. You can often agree to waive the bond, but the waiver normally must be in writing and filed with the court, and the court can refuse the waiver if it finds the waiver unsafe for the estate’s creditors or heirs.

Detailed answer — how this works in Tennessee

When a person dies without a will (intestate), the court appoints a personal representative (often called an administrator). The probate bond (also called a fiduciary bond) is a form of insurance that protects the estate, creditors, and heirs against mismanagement, theft, or mistakes by the administrator.

Key points under Tennessee practice:

• Bond requirement: Tennessee probate law and court practice routinely require a bond for administrators. The bond amount is often set to cover the value of estate assets the administrator will control (inventory value plus anticipated receipts), and the clerk or judge sets the exact amount when approving letters of administration.
• Waiver by heirs/beneficiaries: Heirs or beneficiaries who have the legal right to the estate may sign a written waiver or consent that removes the bond requirement. Courts typically require that waiver to be in writing and properly executed and filed with the probate court. The court must still be satisfied that dispensing with the bond will not prejudice creditors or other interested parties.
• Court discretion: Even when heirs unanimously agree to waive the bond, the judge can require a bond if the estate’s circumstances create risk (e.g., significant unknown debts, contested claims, missing or vulnerable heirs, business interests, or out-of-state assets). The court’s duty is to protect creditors and the public interest as well as heirs.
• Alternatives and reductions: Instead of a total waiver, the court can reduce the bond amount or accept other protections (such as supervised administration, additional accounting requirements, or requiring the administrator to post bond for only part of the assets). The administrator can also obtain a surety bond through a bonding company; cost varies with the estate size and the administrator’s creditworthiness.
• Effect of waivers: A waiver shifts more direct risk onto the heirs who sign it. If an administrator breaches duties, heirs who waived the bond may have civil claims against the administrator but may have fewer protections than if a bond were in place.

How to waive or ask the court to waive bond

1. Get written, signed waivers: Have all heirs and interested persons sign a written waiver or consent that explicitly states they consent to appointment without bond.
2. File the waiver with the probate clerk or court when you file the petition for administration.
3. Explain estate circumstances to the court: Provide an inventory, informal valuation, and statement about debts and potential claims so the judge can evaluate risk.
4. Be prepared for the court to require a bond or additional safeguards if there is any dispute or significant creditor exposure.

Relevant Tennessee law and resources

Tennessee law about probate and administration is found in Title 30 of the Tennessee Code Annotated (probate and administration of estates) and related court rules. The Tennessee Code provides the statutory framework for appointment, bonds, waivers, inventories, and duties of personal representatives.

• Tennessee Code — Title 30 (Trusts and Estates / Probate and Administration): https://www.capitol.tn.gov/legislation/code/title-30.html
• Tennessee Courts — probate and self-help resources (forms and local guidance): https://www.tncourts.gov/programs/self-help/estate-planning-probate

Practical examples (hypotheticals)

Example A — Small, uncontested estate:

Sarah dies intestate leaving a small bank account and no known creditors. Her two adult children all sign a written waiver of bond and file it with the probate court. The court reviews the filing, sees no significant debts, and issues letters of administration without requiring a bond.

Example B — Estate with business and potential creditors:

Tom dies intestate owning a small business and several outstanding contracts. His heirs all agree to waive a bond, but the court denies the waiver and requires a bond because of the business’s cash flow, outstanding creditors, and potential claims. The administrator posts a surety bond before receiving control of business receipts.

Helpful hints

• Get any waiver in writing and file it with the court; oral agreements or informal notes are usually not enough.
• Expect the court to look closely at estate value, outstanding debts, business interests, and disputes before approving a waiver.
• If creditors exist or the estate is complicated, plan on secured protection (a bond) rather than relying on a waiver.
• Shop for a surety bond early — bonding companies require information and underwriting, which can take time.
• Consider limited waivers or conditions (for example, waive bond for personal property but require bond for real estate sales or business operations).
• Talk to the probate clerk about local practice and forms: counties vary in procedures and required paperwork.
• If there is disagreement among heirs, file your petition and ask the court to set bond terms; do not assume a waiver will be accepted without court approval.

When to talk to an attorney

Consult a Tennessee probate attorney if the estate has substantial assets, potential creditors or lawsuits, business interests, out-of-state property, or if heirs disagree about administration or waiving a bond. An attorney can help draft a proper waiver, petition the court for a waiver or reduced bond, and advise about the administrator’s duties and exposure.

Disclaimer: This article is for general information only and does not create an attorney-client relationship. It is not legal advice. Laws change and courts have discretion; consult a licensed Tennessee attorney or the probate court for advice specific to your situation.