Detailed Answer
In Maine, when someone is appointed by the probate court to serve as a personal representative (often called an administrator for an intestate estate), the court typically requires a fiduciary bond. The bond protects estate creditors and heirs by guaranteeing that the personal representative will perform duties honestly and account for estate assets. Under Maine’s probate law (Title 18‑C of the Maine Revised Statutes), the probate court has authority to require, set, reduce, or waive bonds for personal representatives. For the statutory framework, see Title 18‑C, Maine Revised Statutes (Probate Code): https://legislature.maine.gov/statutes/18-C/.
Is a bond required?
Yes — as a default rule, a bond is required before the court will issue letters of administration to an administrator of an intestate estate. The court orders the amount of the bond based on the probable value of the estate and the court’s assessment of risk (missing assets, likely claims, complexity of administration). If no bond is posted, the court normally will not issue letters of administration, which means the proposed administrator cannot legally act to gather assets, pay bills, or distribute property.
Can the bond requirement be waived or reduced?
Yes. Maine law and probate practice allow the court to waive or reduce the bond requirement in certain circumstances:
- Waiver by interested persons: The court may accept written consents or waivers from all persons interested in the estate (usually heirs and creditors whose rights are known and measurable). If every person with a right to object signs a written waiver surrendering the requirement for a bond, the court can dispense with it. A waiver should be clearly written, signed, and filed with the court.
- Waiver in a will (not applicable here): For intestate estates there is no will to waive bond. (If a decedent had left a will that named a personal representative, a testator can sometimes direct that no bond is required; that does not apply to intestacy.)
- Court discretion for good cause: Even without unanimous waivers, the probate court has discretion to reduce the bond amount or waive the bond if the court finds good cause. Typical reasons include when the proposed administrator is the surviving spouse or sole beneficiary and risk is low, when adequate safeguards exist (secured bank accounts or conveyance procedures), or when posting bond would impose undue hardship and there are other protections available.
- Alternative security: The court can accept other security in place of a surety bond, such as a pledge of assets, a blocked bank account, or a bond issued by an admitted surety insurer. The court must approve any alternative security.
How is the bond amount set, and can it be changed later?
The probate judge sets the bond amount initially to protect the estate based on estimated asset values, potential claims, and circumstances. If the personal representative later discovers additional assets or changed circumstances, the court can order an increase in the bond. Likewise, if estate assets decline or risks lessen, an interested person can petition the court to reduce the bond.
How do you actually get a waiver or court decision?
To ask the court to waive or reduce a bond you usually do one of the following:
- File the application for appointment and attach signed, written waivers or consents from all heirs and known interested persons; or
- File a motion or petition asking the probate court to waive or reduce the bond and give notice to interested persons so they can object if they choose; or
- Propose an alternative security (for example, a blocked account) and ask the court to accept it in lieu of a bond.
The court will review the filings, any objections, and the evidence, and then rule. Most counties have local probate court forms and clerks who can tell you what notices are required and what information the court typically wants when ruling on a bond question.
Practical examples (hypothetical)
- If you are appointed administrator of your deceased mother’s small estate that consists of a single bank account worth $8,000 and a car, the court might set a modest bond or — if all heirs (for example, you and your siblings) sign waivers — waive the bond entirely.
- If your mother had significant assets, substantial creditors, or you live out of state, the court is more likely to require a full surety bond issued by a bonding company unless all heirs provide written waivers.
Consequences of not posting an ordered bond
Until the bond (or approved alternative security) is posted, the court normally will not issue letters of administration and the proposed administrator cannot lawfully act on estate matters. Acting without letters exposes the person to personal liability for actions taken without legal authority.
Where to find the controlling law and local practice
The Maine Probate Code (Title 18‑C) contains the statutory rules governing appointment of personal representatives and bonds. For the text of the probate statutes, see: https://legislature.maine.gov/statutes/18-C/. For local procedures, forms, and filing rules, contact the clerk of the probate court in the county where your mother lived. The Maine Judicial Branch also provides probate information and local court contacts at: https://www.courts.maine.gov/.
Bottom line
Under Maine law, a bond is generally required for an administrator of an intestate estate unless the probate court is persuaded to waive or reduce it. A common and reliable way to obtain a waiver is to file signed, written waivers from all heirs and interested persons. The probate court retains discretion to require, reduce, or waive a bond based on the estate’s size, risk factors, and protections in place.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For advice about your specific situation, consult a licensed Maine probate attorney or the probate court clerk.
Helpful Hints
- Before filing: check with the local probate court clerk about required forms, fee amounts, and noticing requirements.
- Get written waivers: if all heirs agree to waive bond, get written, signed waivers and file them with the court — verbal agreements are not enough.
- Consider alternatives: if you can’t get waivers, ask whether the court will accept a blocked bank account or other security instead of a surety bond.
- Obtain a surety quote early: if a bond is required, contact a bonding company or an insurance agent to get a quote; cost depends on estate size and your credit history.
- File a motion if circumstances change: if assets later turn out to be larger (or smaller), file a petition with the court to increase (or reduce) the bond.
- Keep records: maintain clear records and accounting — the bond protects heirs and creditors but also protects you if you act properly.
- Ask for help: if the estate is complicated or contested, consider consulting a Maine probate attorney before acting.