Disclaimer: This is general information only and is not legal advice. Consult a Connecticut probate attorney or your local probate court for advice about your specific situation.
Detailed Answer
When a person dies without a will (intestate) in Connecticut, the probate court appoints an administrator to collect assets, pay debts, and distribute the estate according to state law. The court commonly requires the administrator to give a fiduciary bond (sometimes called an administrator’s bond) to protect the estate’s beneficiaries and creditors from loss if the administrator mishandles estate assets.
Key points about bonds in Connecticut probate:
- Court authority to require a bond. The Connecticut probate courts have statutory authority and court rules that let them require a bond for fiduciaries (executors, administrators, and other estate fiduciaries). The court sets the amount based on the estate’s assets and liabilities. For official guidance and local forms, check the Connecticut Judicial Branch probate pages: https://www.jud.ct.gov/websites/probate/.
- Waiver is possible but not automatic. Interested persons (usually heirs and legatees) can agree to waive the bond requirement, but the probate court must approve that waiver. The court will review the waiver request and decide whether the waiver is in the estate’s best interest. Courts commonly allow a waiver if all statutory heirs unanimously agree and the court is satisfied there is no risk to creditors or the estate.
- How waiver is documented. To waive a bond, the heirs (or other interested parties) generally must sign and file written waivers with the probate court. The court then has the discretion to accept the waiver and appoint the administrator without bond, or to require a bond despite the waiver if the court believes a bond is necessary to protect the estate.
- Court may require bond despite consent. Even if everyone entitled to notice signs a waiver, the probate court can require a bond where risks exist: substantial or hard-to-trace assets, creditor claims, disputes among heirs, or if the proposed administrator has a history or circumstances that raise concern. The court’s paramount duty is to protect the estate and its creditors and beneficiaries.
- Alternatives and exceptions. – Small estate procedures may reduce or eliminate bond needs in certain cases. – The court can accept other forms of security (such as pledged assets or real estate) instead of a bond. – If the administrator is appointed with a surety company bond, that company typically charges a premium based on the bond amount and the administrator’s creditworthiness.
Practical example (hypothetical): A decedent in Connecticut dies intestate with a $150,000 estate and three adult children who are heirs. All three sign a written waiver asking the probate court to appoint one child as administrator without bond. The court reviews the proposed inventory, sees no contested claims or creditor red flags, and may accept the waiver and appoint the administrator without bond. If, however, there are outstanding creditor claims or one heir later objects, the court could require a bond before final appointment or require the administrator to obtain a bond later.
What steps to take if you want to waive a bond
- Contact the local probate court to learn the local procedures and required forms. See: Connecticut Probate Courts — Judicial Branch.
- Prepare a signed written waiver from every person who is an interested party (usually heirs and statutory distributees). The court may have a form or will accept notarized statements.
- File the waiver with your application for appointment (petition for administration) or as soon as possible after filing.
- Be ready to provide an inventory or estimate of estate assets and to explain why a waiver is appropriate and not harmful to creditors.
- If the court denies the waiver, you can obtain a bond from a licensed surety company or discuss alternative security with the court.
If you are unsure who qualifies as an “interested person” or whether a creditor might object, talk to the probate clerk or a Connecticut probate attorney before relying on a waiver.
Helpful Hints
- Do not assume a verbal agreement among heirs is enough. Get signed, written waivers and file them with the court.
- Check with the local probate court clerk early — procedures and forms vary by district. See: https://www.jud.ct.gov/websites/probate/.
- Consider whether the estate has creditors, pending lawsuits, or complex assets (business interests, out-of-state property). These increase the chance the court will require a bond.
- Compare bond costs vs. administrative delay. A bond premium can be modest relative to delay or risk that arises from disputes or creditor claims.
- If you expect resistance or complex issues, consult a probate attorney early to estimate bond amounts, prepare waiver language, or propose alternate security to the court.
- If the estate qualifies as a “small estate” under Connecticut procedures, the probate court can offer simplified administration that sometimes reduces bond requirements; ask the court clerk whether small-estate rules apply to your case.
Where to find more information: Visit the Connecticut Judicial Branch Probate Courts pages for local forms and contact info: https://www.jud.ct.gov/websites/probate/. For the statutory framework governing probate courts and fiduciaries, review the Connecticut General Statutes sections that govern probate courts and fiduciary duties (searchable at the Connecticut General Assembly website: https://www.cga.ct.gov/current/).
Need help? If the estate is complex, contested, or has substantial creditor claims, seek advice from a probate attorney licensed in Connecticut. A lawyer can help prepare waivers, petition the court, or obtain a bond efficiently.