Detailed Answer

Short answer: Under Indiana law the probate court normally requires an administrator appointed to manage an intestate estate to post a fiduciary bond (also called an administration bond). However, the court can reduce or waive that bond in certain situations — for example when interested heirs unanimously consent in writing, when the court finds the bond unnecessary for the protection of creditors and heirs, or when an alternative form of security is approved. The decision rests with the probate court under Indiana’s probate rules and statutes (Title 29 of the Indiana Code).

What the court looks for

The bond is security that the administrator will perform duties faithfully and account for estate assets. The probate court weighs several factors when deciding whether to require, reduce, or waive a bond:

• Size and complexity of the estate (larger or more complex estates make a bond more likely).
• Whether the person seeking appointment is an interested heir (close relatives often present lower risk).
• Whether heirs or creditors object or request protection.
• Whether there is an acceptable alternative security (for example, a bank acting as fiduciary, a surety company bond, or a deposit of funds with the court).
• Any prior conduct of the proposed administrator that would affect trustworthiness.

Common paths to waiver or reduction

Typical ways courts allow administrators to serve without the full bond include:

• Written waivers: All persons entitled to notice (usually heirs and heirs-at-law in an intestate case) sign a written waiver or a written consent that expressly waives the bond requirement or agrees to a reduced bond amount. Courts give significant weight to unanimous, informed waivers.
• Court discretion: The judge may exercise statutory discretion to reduce or eliminate bond if it is not necessary to protect creditors and beneficiaries. You usually must file a petition explaining why the bond is unnecessary and attach evidence (e.g., estate inventory showing limited assets, consensus of heirs, or an explanation of why the assets are protected).
• Small estate procedures or informal settlements: If the estate qualifies for small-estate procedures or informal administration under Indiana rules, formal bond requirements may be reduced or avoided. (Eligibility depends on law and local practice.)
• Alternative security: Instead of a surety bond, the court may allow deposit of funds, a pledge of assets, or use of a corporate fiduciary as a substitute for a bond.

How to seek a waiver or reduction

1. Contact the probate court clerk in the county where the decedent lived. Ask about local forms and the judge’s typical practice on administration bonds.
2. Gather documents: death certificate, proposed inventory of assets, list of heirs and addresses, and any written waivers from heirs.
3. File or request appointment as administrator and simultaneously file a motion or petition to waive or reduce the bond. Attach signed waivers or other supporting evidence.
4. If the court requires a hearing, be prepared to explain why the bond is unnecessary and how creditors and heirs will be protected without it.
5. If the court denies the waiver, you will typically need to obtain a bond through a licensed surety or post alternative security as ordered.

Statutory background and where to read more

The rules governing appointment of administrators, fiduciary duties, and security are found in Indiana’s probate statutes (Title 29 of the Indiana Code). The legislative text and any related provisions that discuss fiduciary bonds and the court’s authority to require or waive bonds are available on the Indiana General Assembly website:

Indiana Code — Title 29 (Probate)

Note: local court procedures and forms vary by county. The clerk of the probate court can provide local filing requirements and willingness to accept written waivers.

What happens if you serve without the required bond?

If a court appoints you and you do not post bond when required, the appointment can be revoked. Serving without required bond can also expose you personally to liability for losses to the estate. Always confirm the court’s order and any bond requirements before acting with estate assets.

Helpful Hints

• Start by calling the probate clerk in the county where your mother lived. Ask for the administrator appointment packet and the court’s policy on bonds.
• Collect a current inventory of assets before filing anything — the size and liquidity of the estate affect the court’s bond decision.
• If all heirs agree to waive the bond, get written, signed waivers identifying the estate and the person appointed. Attach them to your petition to the court.
• Consider a surety bond through a licensed bonding company if a waiver is not available; ask for bond cost estimates early so you can plan cash flow for estate administration.
• If you are uncomfortable or the estate is complex (business interests, real property in multiple states, potential creditor claims), consult an Indiana probate attorney for targeted advice and to prepare motions for bond reduction or waiver.
• Watch deadlines for creditor claims and inventory filing — failure to follow required procedures can increase the risk to you as administrator, bond or not.
• Keep detailed records and separate estate funds from your personal accounts — that practice reduces disputes and helps if you must justify a waiver later.

Disclaimer: This article explains general principles of Indiana probate law for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For guidance about your specific situation, consult a licensed Indiana attorney or contact the probate court in the county where the decedent lived.