Short answer

Under Arizona probate law (Title 14, Arizona Revised Statutes) the court will generally require an administrator to give a bond (also called a fiduciary bond or surety) to protect the estate and its beneficiaries. The court can set, reduce, or dispense with that bond in certain circumstances — for example, when all interested persons agree in writing, when the court finds a bond unnecessary, or when the law provides an exception. To pursue a waiver or reduction you must ask the probate court and provide sworn facts showing why a bond is not needed.

Detailed answer — what Arizona law requires and how waivers work

Legal framework: Arizona’s probate statutes are found in Title 14 of the Arizona Revised Statutes. Those statutes govern appointment of administrators, the requirement for security or bond, and the procedures for waiving or reducing bonds. See Arizona Revised Statutes, Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14.

Default rule — bond required. When the court appoints an administrator for an intestate estate (no will), the administrator is normally required to provide a bond as a condition of receiving letters of administration. The bond protects the estate’s assets against mismanagement, fraud, or negligence by the fiduciary.

How the court fixes the bond amount. The court will set the bond amount based on the probable value of assets coming into the administrator’s hands, anticipated income, and possible liabilities. The bond amount aims to assure beneficiaries that estate funds will be accounted for and distributed properly.

When the bond can be waived or reduced.

• Written waiver by interested persons: In many cases, the court will accept written waivers or consents from all persons who are legally entitled to notice (heirs or beneficiaries). If all heirs give informed, written assent, the court often will dispense with or reduce the bond.
• Court discretion: The probate court can, on its own motion or after a petition, reduce or dispense with a bond if the court finds the bond unnecessary given the estate’s circumstances (for example, if there are almost no assets, the assets are non-liquid or encumbered, or if a corporate fiduciary or trustee already provides adequate protection).
• Substitutes for a surety: Instead of a surety bond, the court may allow other security — for example, cash deposit, certified funds, or real property as collateral — if the court finds that substitute security adequately protects the estate.

Typical situations:

• If your mother died intestate and you are the only heir and you all agree, you may be able to get a waiver or a reduced bond by having other heirs sign a written waiver and presenting that to the court.
• If the estate contains little more than a homestead encumbered by a mortgage and no cash, the court may reduce the bond because there is little unprotected liquid estate property.
• If a bank or trust company is appointed instead of an individual, the court often accepts the institutional bond or other protections and may set a different bond regime.

Process to request waiver or reduction:

1. When you file your petition for appointment as administrator, include a request to waive or reduce the bond and explain the factual reasons (small estate, all heirs’ consents, bond substitutes, etc.).
2. Obtain written waivers or consents from all heirs or interested persons and file them with the court. The consents should identify the estate, the relationship of the signer, and explicitly waive the bond requirement if that is the intent.
3. If all interested persons do not consent, ask the court for a hearing and present evidence why the bond can be reduced or dispensed with (low estate value, encumbrances, adequacy of other protections).
4. The court will make a ruling and, if it allows reduced or substitute security, will enter an order describing the security required.

Practical considerations: Bond companies typically charge a premium based on the bond amount and the administrator’s credit. If family members do not want to buy a bond, alternatives include a cash deposit, real property security, a restricted bank account, or asking a bank or trust company to serve as administrator.

Where to find the law and local forms: Arizona statutes governing probate are in Title 14, Arizona Revised Statutes: https://www.azleg.gov/arsDetail/?title=14. The Arizona Judicial Branch provides probate self-help information and local court forms that explain bond requirements and give form language for waivers or petitions to dispense with bond: https://www.azcourts.gov/selfservice/Probate.

How the bond requirement affects everyday choices

If you are considering serving as administrator of your mother’s intestate estate, keep these points in mind:

• You generally cannot act on estate assets until the court issues letters of administration — and the court typically conditions those letters on posting the bond or entering substitute security.
• If you expect friction among heirs or substantial assets, expect the court to require a meaningful bond unless there is strong substitute security.
• If family members are willing to sign a written waiver and understand the consequences, waivers can simplify the process and save bond premium costs.
• If you have a credit history that makes buying a surety bond difficult, discuss alternatives with the court clerk or a probate attorney early.

Helpful Hints

• Before you file: call the probate clerk at the county court where your mother lived and ask about local bond practices, required forms, and fee schedules.
• Gather heirs’ signatures: if heirs agree to waive bond, get written, signed waivers that explicitly identify the decedent and the estate.
• Estimate estate value: prepare a preliminary inventory of cash, bank accounts, real property, and other assets to help the court set or reconsider bond size.
• Consider a corporate fiduciary: a bank or trust company can act as administrator and avoid you buying a personal bond, but they charge fees.
• Ask for substitute security in writing: when cash bonds would be hard, propose an alternative (cash deposit, restricted account, or property collateral) and file a formal motion asking the court to accept it.
• Keep records: whether or not a bond is required, good accounting and receipts protect you and the estate.
• When in doubt, consult a probate attorney: courts sometimes differ in how strictly they apply bond rules; an attorney can review local practice and draft the required paperwork.