Do I have to post a bond to serve as administrator of my mother’s intestate estate? (Georgia)

Short answer: In Georgia, the superior court generally requires an administrator of an intestate estate to post a fiduciary bond to secure faithful administration. The court can, in many circumstances, reduce or waive the bond, but waiver is not automatic. Whether the court will allow a reduction or waiver depends on statutory rules, the size and composition of the estate, who the heirs are, and whether heirs or creditors consent.

Detailed answer — How Georgia law treats bonds for administrators

When someone petitions the superior court to be appointed as administrator of an intestate estate, the court typically requires a bond (also called an administration or fiduciary bond). The bond protects the estate and the estate’s creditors and beneficiaries by guaranteeing that the administrator will perform duties faithfully and account for estate assets.

The specific bond requirement, the amount of the bond, and the circumstances under which the court can reduce or waive it are governed by Georgia probate law and local court practice. Key points you should know:

1. Bond is the default rule

As a general rule, the court will require an administrator to give bond. The bond amount is set by the court and is intended to cover the value of estate personal property, income during administration, and any other items the court considers at risk. The court may also consider estimates of future receipts and disbursements when setting the bond amount.

2. Who may be required to post bond

Any appointed administrator may be required to post bond. Common administrators who must post bond include heirs, relatives, and close friends appointed when there is no will. Corporate fiduciaries or banks frequently post bonds differently or may qualify for waivers or different bonding terms.

3. How the bond is posted

An administrator usually posts bond through one of these methods:

• Purchasing a surety bond from an approved bond company (most common).
• Posting cash or letters of credit when the court allows.
• Having a corporate fiduciary or qualified personal surety approved by the court.

4. When the court may reduce or waive the bond

Georgia courts have discretion to reduce or dispense with the bond requirement in certain situations. Typical circumstances where a waiver or reduction is possible include:

• All heirs, beneficiaries, and known creditors sign a written waiver or consent requesting no bond or a reduced bond and the court finds it proper to honor that request.
• The estate is very small or consists primarily of property that does not require a full bond (for example, when there is minimal personal property and the assets are not likely to be dissipated).
• The proposed administrator is the surviving spouse or sole heir and the court determines the risk to the estate is low.
• The court appoints a bank or trust company acting under existing regulations that may be treated differently with respect to bonding.

Even when these conditions exist, waiver or reduction is subject to the court’s approval and its duty to protect the estate and creditors.

5. Procedure to request waiver or reduction

If you want the court to waive or reduce the bond, you generally must:

1. Include a clear request in your petition for administration asking the court to reduce or dispense with bond (or file a separate motion).
2. Provide written waivers or consents from all heirs and known creditors, if possible.
3. Explain the reasons the court should reduce or waive the bond (size of estate, identity of heirs, nature of assets, proposed safeguards such as immediate accounting or supervision by the court).
4. Be prepared for the court to require alternative protections (e.g., additional accounting requirements or restrictions on distributions) if it agrees to reduce the bond.

6. Consequences of refusing or failing to post bond

If the court requires a bond and you cannot or will not post it, the court may decline to appoint you as administrator and instead appoint someone else (an heir, another qualified person, or a public administrator). Failing to comply with a bond order can delay administration and may expose you to legal consequences if you serve without a required bond.

7. Where to find the law

Georgia statutes addressing probate administration and related duties are part of the Official Code of Georgia Annotated (O.C.G.A.). For authoritative text and exact statutory language, search the Georgia Code at the Georgia General Assembly site: https://www.legis.ga.gov/legislation/ocga. County superior court clerks and local probate court resources can also point you to relevant local rules and forms.

Because courts have discretion and local practice varies, the precise procedural steps and standards for waiving or reducing a bond will depend on the county superior court handling the estate.

Helpful Hints

• Before filing, contact the clerk of the superior court in the county where your mother lived. Ask the clerk about local requirements for bonds, typical bond amounts, and whether the court accepts a waiver from heirs.
• If you expect a bond will be required and cannot afford the full amount, ask about bonding through a surety company. Premiums are usually a fraction of the bond amount.
• Collect written waivers from all heirs and known creditors if you plan to ask for a waiver or reduction. The court gives weight to unanimous, informed consents.
• Be prepared to show an inventory or estimate of the estate’s assets so the court can assess the appropriate bond level or decide whether a waiver is safe.
• Consider whether a bank or trust company as administrator makes sense if bonding or personal liability is a concern. Institutions can provide administrative services but charge fees.
• If the estate is small, ask the clerk about small‑estate procedures or simplified administration that may avoid formal administration and bonding.
• Consult a probate attorney in Georgia for advice tailored to your facts. An attorney can prepare petitions and waivers that increase the chance the court will reduce or waive bond.

Practical example (hypothetical)

Suppose your mother died intestate and left a house (worth $120,000) and $4,000 in a bank account, and you are her only child and sole heir. You petition to be appointed administrator and ask the court to waive bond. You submit a proposed inventory, a statement that there are no known creditors, and a written waiver signed by you as sole heir. The court may be willing to waive or reduce the bond because you are the only heir and the estate’s liquid assets are small, but the judge may still require security for the house until debts and taxes are resolved. The judge’s decision will depend on the local court and the full facts.

Next steps

If you are considering serving as administrator, start by:

1. Contacting the superior court clerk in the county where your mother lived to learn local rules and form requirements.
2. Preparing a petition for appointment and an inventory of assets.
3. Gathering written waivers from heirs and any known creditors if you intend to ask for a bond waiver or reduction.
4. Speaking with a Georgia probate attorney if the estate has significant assets, creditors, or potential disputes.

Disclaimer: This article explains general principles of Georgia probate law for educational purposes only. It is not legal advice, does not create an attorney‑client relationship, and may not reflect recent changes or local court practices. For advice about your specific situation, consult a licensed Georgia attorney or the clerk of the superior court in the county where the estate will be administered.