Detailed Answer — bond rules for intestate (no-will) administrations in Florida

If a person dies without a will (intestate) in Florida, the court appoints a personal representative to administer the estate. A personal representative in Florida is often called an “administrator” when the decedent died intestate. One common question is whether that personal representative must post a bond (a surety) as a condition of appointment.

Under Florida law, the court generally requires a personal representative to give a bond unless the requirement is waived or dispensed with by law or court order. The bond protects estate creditors and beneficiaries by guaranteeing the personal representative will perform duties faithfully and account for estate property. You can find Florida’s probate statutes governing administration and representatives in Chapter 733 of the Florida Statutes: Florida Statutes Chapter 733.

Common situations that affect whether a bond is required:

• Will-based waiver: If the decedent left a will that expressly waives bond for the personal representative, the court will normally appoint a representative without bond as the will directs, unless the court finds a specific reason not to (for example, concerns about the appointee’s trustworthiness or creditors’ interests).
• Waiver by interested persons: When there is no will, interested persons (the heirs who will inherit) may be able to waive the requirement for a bond. In practice, the statute and probate rules allow interested persons to consent to appointment without bond by signing and filing the appropriate waiver with the probate court. For a valid waiver, usually all persons entitled to take under intestacy must sign the waiver. If any entitled person does not (or cannot) join in the waiver, the court may require bond or a reduced bond instead.
• Court discretion and protection of minors/incapacitated persons: The court will be careful where heirs are minors, incapacitated, or unknown. If any interested party lacks legal capacity to waive, the court may require bond or appoint a guardian ad litem to protect their interests.
• Small-estate or summary procedures: If the estate qualifies for summary administration under Florida law (for example, the estate’s assets are small or the decedent has been dead long enough and certain value thresholds apply), the informal process may eliminate the need for a bond or make appointment simpler. See Florida’s summary administration provisions: Florida Statutes Chapter 735.

Practical implications:

• Bond amount: If a bond is required, the court will set the bond amount to secure the estate’s value (often based on the inventory or an estimate of estate assets). The personal representative normally pays a premium to a surety company for the bond; the premium is a practical cost of serving.
• How to waive: To waive bond in an intestate case, all adult heirs should sign the court’s form of waiver or file written waivers with the probate clerk. The waiver must be properly executed and filed before the clerk issues letters of administration without bond.
• Risks of waiver: Waiving bond reduces financial protection for creditors and beneficiaries. If a personal representative mishandles estate assets, recovery may be harder without a bond that the heirs could claim on the surety.

Bottom line: In Florida, a bond is commonly required for an administrator, but the requirement can be waived if the law permits and the appropriate interested persons (usually all heirs) sign a waiver and the court accepts it. The court retains authority to require or adjust bond where circumstances justify protection for the estate or vulnerable heirs.

How to proceed — practical steps if you’re named to administer an intestate estate

1. Confirm there truly is no valid will. If a will exists, it may change bond rules (the will could waive bond).
2. Identify all interested persons (heirs at law). Make sure all adult heirs know their rights and the consequences of waiving bond.
3. Decide whether to seek appointment with or without bond. If heirs are comfortable waiving bond, prepare signed waivers for filing with the probate petition.
4. File a petition for administration with the probate court in the county where the decedent lived and submit any waivers. If the court approves, it will issue letters of administration with or without bond as ordered.
5. If bond is required, obtain a surety bond from a licensed bonding company and file the bond with the court before letters issue.

If the estate might qualify for summary administration, consider that route. Summary administration can shorten the process and sometimes avoid the same bond requirements. See Florida Statutes Chapter 735 (Summary Administration).

Helpful Hints

• Get a clear heir list: A full, accurate list of heirs makes it easier to obtain unanimous waivers when appropriate.
• Use the clerk’s forms: Many Florida probate clerks provide standard waiver forms. Using clerk-approved forms reduces filing problems.
• Consider the cost of a bond: Bond premiums vary with estate size and applicant credit. Compare the premium cost versus the risk of waiving bond.
• Remember minors and incapacitated persons: A waiver signed by adults does not bind minors or those under guardianship—court protection may still be required.
• Document everything: Keep copies of waivers, receipts, inventories, and communications. If someone later challenges the administration, good records help defend your actions.
• Ask about reduced bond: If heirs do not want a full bond, you can ask the court to reduce the bond amount or allow other security (like cash or real estate) in lieu of a surety bond.
• Consider using a corporate fiduciary: If heirs worry about mismanagement, appointing a bank or trust company as personal representative can provide built-in bonding/oversight.

Where to look in the law

The Florida probate statutes that govern personal representatives, bond, and administration procedures are in Chapter 733 of the Florida Statutes. Summary administration rules are in Chapter 735. Read those chapters for statutory language and consult the probate clerk in the county where the decedent lived for local forms and practice: Florida Statutes Chapter 733 and Florida Statutes Chapter 735.