Detailed Answer

Short answer: In Illinois, a person appointed as administrator of an intestate estate is generally required to give a fiduciary bond (also called an administration or probate bond) unless the court orders otherwise or interested persons lawfully waive the bond. The bond protects the estate and its creditors by guaranteeing the administrator will properly perform duties and account for estate assets.

Where this comes from: The authority and rules for fiduciary bonds for personal representatives are found in the Illinois Probate Act (755 ILCS 5/), which sets out how courts appoint administrators and how bonds are handled. See the Illinois Probate Act: 755 ILCS 5/ (Probate Act).

When a bond is required

When someone petitions to be appointed as administrator, the court normally requires a bond as a condition of issuing letters of office. The bond amount is usually set to cover the value of estate property the administrator will handle plus anticipated receipts and costs. The court will either:

• set a bond amount and require a corporate surety (a bonding company), cash deposit, or other security; or
• in limited situations, reduce or dispense with the bond.

When the court may waive or reduce the bond

The court has discretion to waive or reduce the bond for good cause. Typical situations where the court may waive or reduce a bond include:

• Unanimous written waiver by all persons entitled to intestate succession or beneficiaries. If all heirs sign a written waiver and file it with the court, the judge may appoint the administrator without a bond.
• Small or simple estates where the risk to creditors and beneficiaries is minimal. Some estates qualify for simplified procedures or for appointment of a representative without a formal bond requirement.
• The administrator is a corporate fiduciary (bank or trust company) or a person the court finds exceptionally trustworthy; courts sometimes accept alternative security or no bond in those cases.
• When the court determines a bond is unnecessary based on the estate’s asset makeup, creditor exposure, or other special circumstances.

Note: even if heirs agree to waive the bond, the court will still consider creditor protection. If known creditors exist or the estate has unresolved claims, the judge may still require a bond despite heir waivers.

How to ask the court to waive or reduce the bond

To seek a waiver or reduction, the typical steps are:

1. File a petition for letters of administration in the county probate court where the decedent lived.
2. File or present written waivers from all heirs or interested persons if you are relying on unanimous consent.
3. Provide an inventory or estimate of estate assets and identify known creditors so the judge can assess risk.
4. Make a formal request in your petition (or by separate motion) asking the court to dispense with or reduce the bond and explain your reasons (e.g., all heirs consent, minimal assets, corporate fiduciary).
5. Attend the court hearing. The judge decides whether to waive, reduce, or require the full bond.

Types of security the court will accept

When a bond is required, the court commonly accepts:

• A corporate surety bond (the administrator obtains a bond from a bonding company).
• A cash deposit with the court.
• A pledge of property as security, if the court approves.

Consequences of not posting a required bond

If the court requires a bond and you do not post it, the court will not issue letters of administration, and you will not have authority to act for the estate (collect assets, pay bills, transfer property). Posting the bond protects beneficiaries and creditors — if an administrator misappropriates estate property, injured parties may make a claim on the bond.

Practical examples (hypotheticals)

Example A: Your mother dies intestate and leaves a $60,000 estate made up of a bank account and a car. You and your two siblings all agree that you will serve and you each sign a written waiver asking the court to dispense with bond. You file those waivers with the probate petition. If there are no known creditors, the judge may appoint you without requiring a bond.

Example B: The estate includes a house and several debts. One heir does not consent to waive a bond. The court is likely to require a bond to protect creditors and the dissenting heir even if the other heirs request a waiver.

Where to look in the law and where to get forms

The Illinois Probate Act (755 ILCS 5/) governs appointment of administrators and bonds. See: 755 ILCS 5/ (Probate Act). Your county’s probate court clerk can tell you the local forms and procedural steps. Many counties post probate forms and instructions online.

Bottom line

Yes — posting a bond is the normal rule for an administrator of an intestate estate in Illinois, but the requirement can sometimes be waived or reduced if all interested persons agree, the estate is simple or small, a corporate fiduciary will serve, or the court otherwise finds good cause. The judge balances the protection of creditors and beneficiaries against the administrator’s request to dispense with or lower bond requirements.

Helpful Hints

• Talk to the probate court clerk early. Clerks can explain local filing steps and forms.
• If all heirs agree to waive the bond, get their written waivers signed, notarized if required, and filed with your petition.
• Prepare a clear estimate of estate assets and known debts for the court — transparency makes a waiver more likely.
• Compare bonding options. Corporate surety bonds are common and often less costly than posting cash security.
• If a creditor exists or one heir objects, expect the court to require a bond. Plan for the extra time and cost to obtain it.
• Consider consulting a probate attorney if the estate has significant assets, unresolved claims, or family disputes — an attorney can help draft waivers and present the request to the court.
• Remember: a bond is designed to protect beneficiaries and creditors. If you’re appointed without a bond, you still must follow fiduciary duties and account for estate funds to avoid personal liability.

Disclaimer: This article explains general Illinois probate practice and is not legal advice. Laws and court procedures change. For guidance specific to your situation, consult a licensed Illinois probate attorney or the probate court in the county where your mother lived.