Detailed answer — Does Maryland require a bond for an administrator, and can it be waived?

Short answer: Generally, yes — Maryland courts typically require a fiduciary bond for a personal representative (the person appointed to administer an estate). However, the requirement can be waived in certain situations: a will can direct that no bond is required for a named personal representative, or in intestacy (no will) the interested persons (heirs and other statutory parties) can consent in writing to dispense with a bond and file that consent with the Register of Wills or court. The court also has authority to set, increase, reduce, or dispense with a bond based on circumstances.

Why a bond is normally required

A fiduciary bond (often called an administration bond) protects the estate, creditors, and beneficiaries by providing financial security if the personal representative misappropriates or mismanages estate assets. The court sets the bond amount to reflect the estate’s expected value and exposure.

How a bond can be waived in Maryland

• Will waiver: If the decedent’s will expressly waives bond for the person named as personal representative, the court and Register of Wills will usually accept that waiver and appoint the named person without requiring a bond.
• Unanimous written consent in intestacy: When there is no will, Maryland practice allows interested persons (typically all heirs and other statutory interested parties) to waive the bond by signing a written consent filed with the Register of Wills or court when the appointment is requested. If everyone with a legal interest agrees and the waiver is properly filed, the court or Register of Wills commonly will dispense with the bond requirement.
• Court discretion: Even with a waiver, the court may require a bond if circumstances (value of the estate, disputes among heirs, risk of creditor claims, prior fiduciary misconduct, or other factors) make a bond advisable. Conversely, the court can also waive bond in particular cases if it finds the waiver is reasonable and the estate is low risk.

Where to find Maryland guidance

Maryland’s Register of Wills provides practical information about bonds, waiver procedures, and required forms. See the Register of Wills guidance on bonds for details and local filing rules: Maryland Courts — Register of Wills: Bonds. For statutory background on the appointment and duties of personal representatives, consult Maryland’s Estates & Trusts statutes and local court rules; the Register of Wills guidance links to the applicable forms and procedures.

Practical consequences of waiving a bond

• Less protection for creditors and heirs: If you waive the bond, you remove a layer of security that would otherwise compensate the estate if the administrator misuses funds.
• Personal liability: An administrator who serves without bond remains personally liable for mismanagement or theft of estate assets. Without a bond, recovery by heirs/creditors may require separate lawsuits against the administrator and any other available remedies.
• Effect on banks and vendors: Financial institutions sometimes insist on additional documentation or refuse to accept an administrator’s authority without a bond. This can complicate estate administration even when a waiver exists.

Common courtroom and county-level practices

Many counties’ Registers of Wills provide standard forms for waiving bond and for consenting to an appointment without bond. The court or Register will usually accept a properly executed, signed waiver by all interested persons. If one or more interested persons refuse to waive, the court will require a bond (or other security) in an amount it sets.

What if not everyone agrees?

If any required person refuses to consent to waiver, the Register or court will require a bond or otherwise protect the estate (for example, by setting the bond amount and requiring surety). In contested situations the court may require professional surety or other protections instead of a complete waiver.

Steps to request a waiver of bond in Maryland

1. Identify all interested persons (heirs, surviving spouse, creditors if required by local practice).
2. Obtain written, signed consent from each interested person stating they waive the bond and consent to the appointment without bond. Use county Register of Wills forms when available.
3. File the waiver and the petition for appointment with the Register of Wills (or file in the Orphans’ Court/circuit court if required by local practice).
4. If the Register or court accepts the waiver, the personal representative will be appointed without bond. If not accepted, the Register or court will notify you of required bond amount and surety rules.

Helpful hints

• Always check the Register of Wills website or contact the local Register’s office for county-specific forms and procedures. Many counties provide waiver and appointment forms online: Maryland Courts — Register of Wills.
• Consider the estate size and complexity before agreeing to waive bond. Larger or contested estates usually benefit from bond protection.
• Ask whether your county requires any specific words or notarization on waiver forms. A waiver that is not properly executed may be ineffective.
• Keep full records and use a separate estate bank account. Even without a bond, clear accounting and segregation of funds reduce risk and protect the administrator.
• If any heir or interested person objects, expect the court to require a bond or additional protections; plan for time and cost implications.
• If you serve without bond, consider purchasing a fidelity policy or asking beneficiaries to agree to other protections to reassure banks and third parties.
• When in doubt, consult a Maryland probate attorney for tailored advice and to prepare or review waivers and court filings.