Do I Have to Post a Bond to Serve as Administrator in Wisconsin?

Short answer: Under Wisconsin law a personal representative (administrator or executor) will generally need to file a bond unless the requirement is waived by the decedent’s will or by the interested persons and the court approves the waiver. The court can still require a bond in some situations even if a waiver is presented. This is educational information only and not legal advice.

Detailed answer — how bond requirements work in Wisconsin probate

When someone dies without a will (intestate) or with a will, the probate court appoints a personal representative to collect assets, pay debts, and distribute property. A common requirement for appointment is a bond (sometimes called a fiduciary bond or surety bond). The bond protects the estate and its creditors and beneficiaries against loss caused by the personal representative’s dishonesty, mistakes, or mismanagement.

Key points under Wisconsin practice:

• Who must post a bond: by default the person appointed as personal representative must obtain and file a bond in the amount the court sets.
• Waiver in the will: if the decedent’s will expressly waives bond for the named personal representative, that waiver is typically honored and the named personal representative may be appointed without posting a bond.
• Waiver by interested persons: heirs and beneficiaries (and other interested persons) can agree in writing to waive the bond requirement. The probate court generally reviews written waivers and can accept them, but the court retains discretion to require a bond if it has concerns about the protection of the estate.
• Court discretion: even with a written waiver, the judge can require a bond when circumstances warrant it — for example, if the proposed personal representative has a conflict of interest, a history of financial trouble, a criminal record involving dishonesty, or when the estate is large or complex.
• Small or summary procedures: some small-estate or simplified probate procedures may either eliminate bond or use a reduced bonding requirement. Check local court rules and statutes for small estate procedures.

For the statutory framework and more detail you can review Wisconsin’s probate statutes (see the probate chapters). The Wisconsin Legislature publishes the statutes online for reference: https://docs.legis.wisconsin.gov/statutes/. The probate-specific chapters describe appointment of personal representatives, bond rules, and related procedures.

How heirs or beneficiaries waive bond

If heirs or beneficiaries want to waive bond so a family member can serve without the expense of a bond, the waiver should be:

• Written — an oral agreement is not sufficient for the court record;
• Signed by the proper parties — generally all persons who are entitled to notice of appointment and distribution (heirs and devisees); and
• Filed with the probate court — the court needs the waiver in the case file before it will dispense with bond in most circumstances.

Even with unanimous written waivers, the judge may still require a bond if the judge thinks the estate needs protection. If the court orders a bond, the personal representative must obtain an appropriate surety bond (often through a bonding company) and file the bond with the court before acting as representative.

Practical consequences of waiving bond

• Benefit: saving the cost of the bond premium and the process of obtaining surety.
• Risk: beneficiaries who sign a waiver reduce one layer of protection — if the personal representative mismanages funds, the estate (and the beneficiaries) may have fewer immediate protections. A bond provides an insurer you can claim against if the fiduciary breaches duties.
• Court oversight remains: even without a bond, the personal representative must account to the court and can be removed or sued for misconduct.

What to do next (step-by-step)

1. Check the decedent’s will for a bond waiver clause. If the will waives bond, bring the will and the relevant page to the clerk when you petition for appointment.
2. If there is no will or the will does not waive bond, ask potential interested persons (heirs and beneficiaries) whether they will sign a written waiver. Use whatever waiver form the probate court accepts; many counties provide sample waiver language.
3. File the waiver(s) with the probate petition so the judge can consider waiving bond. Be prepared for the court to require a bond despite waivers.
4. If the court requires a bond, obtain one from a surety or bonding company. Compare premiums and make sure the bond amount complies with the court’s order.

Helpful statutory and court resources

Authoritative resources you can consult:

• Wisconsin Statutes (general entry point for probate law): https://docs.legis.wisconsin.gov/statutes/
• Wisconsin Courts — public information about probate and personal representatives (forms, local rules, and procedural guides): https://www.wicourts.gov/

Helpful Hints

• Do not rely solely on an oral family agreement — get any waiver in writing and file it with the court.
• Ask the probate clerk in the county where the decedent lived which form they prefer for a waiver of bond; court clerks often provide standard forms or sample language.
• If you are asked to sign a waiver, consider whether you trust the proposed personal representative; a bond gives you a remedy if things go wrong.
• Even if you waive bond, the personal representative must keep good records and file accountings when required — the court enforces fiduciary duties.
• If the proposed personal representative has past financial problems or legal issues, the court is more likely to require a bond — expect that the judge will protect the estate.
• If the estate is complex or there are potential creditor claims, a bond is a relatively low-cost protection compared with the risk of loss.
• When in doubt, consult a probate attorney in your county to review the petition, waivers, and the likely need for a bond.

Disclaimer

This article is for general informational purposes only and does not constitute legal advice. Laws change and every case is different. For advice about your specific situation, consult a licensed Wisconsin probate attorney or contact the probate clerk in the county where the decedent lived.