Short answer

Yes — when a court appoints you as an administrator (also called a personal representative) of an intestate estate in Michigan, the probate court will generally require you to post a fiduciary bond (a surety bond) unless the law or the court waives or reduces that requirement. The probate court has authority to require, increase, reduce, or waive the bond after considering the circumstances of the estate and the interests of heirs and creditors.

Detailed answer — what the law says and how it works

Michigan’s Estates and Protected Individuals Code (EPIC) governs probate appointments, duties, and fiduciary bonds. The code generally requires a bond of a personal representative to protect estate creditors and beneficiaries from mismanagement or loss. For the statutory framework, see Chapter 700 of the Michigan Compiled Laws (the EPIC): MCL Chapter 700 (EPIC). A primary provision addressing fiduciary bonds is MCL 700.3701: MCL 700.3701.

Key practical points:

• Default rule: The court typically requires a bond from a personal representative unless a statute, the decedent’s will, or a court order waives or adjusts that requirement.
• Bond amount: The amount required is intended to cover the value of estate assets the administrator will handle (cash, expected receipts, and sometimes the inventory value of personal property). The court or local probate rules usually set the amount based on the estate’s size and nature.
• Purpose of the bond: The bond provides financial protection to creditors and heirs if the administrator misapplies or loses estate property. A surety company typically issues the bond for a fee paid by the administrator or the estate.
• Court discretion to waive or reduce: The probate court can waive or reduce the bond requirement where appropriate. Common reasons the court may waive or reduce bond include: all heirs or distributees sign written waivers of bond; the administrator is the sole heir or sole distributee and the estate is uncomplicated; the estate holds only non-liquid or low-value assets; or the court finds other compelling reasons (for example, strong safeguards or lack of creditor risk).
• Waiver by decedent’s will: If the decedent’s valid will expressly waives bond for the person named as executor, the court will often honor that waiver. For intestate estates there is no will, so this route does not apply. However, the court can still waive bond in intestate cases based on other factors described above.
• Informal appointments and small estates: Michigan procedures for small or informal estate administration may reduce paperwork and can affect bond practices. In some simplified processes, the court may require no bond or a reduced bond, depending on estate value and local practice.

When deciding whether to waive or reduce a bond, the probate judge will weigh the value and accessibility of assets, the likelihood of creditor claims, the number and agreement of heirs, the proposed administrator’s relationship to the decedent, and whether other safeguards (such as court supervision or co-administration) exist.

If the court requires a bond, the administrator obtains a surety bond (from a bonding company), pays the bonding premium, and files the bond with the probate court before exercising fiduciary powers. If the administrator fails to act faithfully, injured parties can make a claim on the bond.

How to ask the court to waive or reduce a bond

1. File a written motion or petition with the probate court requesting waiver or reduction of the bond. Explain the reasons and attach supporting documents (estate inventory, list of heirs, written waivers from heirs if available).
2. Provide signed waivers from all distributees or heirs if they agree to waive bond — courts give these weight.
3. Show evidence about the estate’s value and composition: no cash on hand, only real property that will be sold or secured, or inexpensive personal property.
4. Be prepared to explain why creditor risk is low (for example, no known creditors or debts, or insufficient assets to pay creditors).
5. If the court denies the request, you must post the bond in the amount set by the court before you assume fiduciary duties.

If you need help preparing a petition or compiling waivers and an inventory, consider contacting probate court staff or a probate attorney familiar with local practice.

Common scenarios — practical examples

Example 1 — Small family-only estate: You are the decedent’s only child and sole heir. The estate holds a small checking account and household items, and there are no known creditors. You and the other distributees (if any) sign waivers of bond. The court may waive the bond, or require a small bond.

Example 2 — Estate with significant cash or business interests: You are appointed administrator of an intestate estate with substantial bank accounts and an ongoing business. The court will likely require a full bond and may set the bond amount high to protect creditors and beneficiaries.

Example 3 — Real estate with mortgage and multiple heirs: If the estate holds real property secured by a mortgage and several potential distributees who disagree, the court will likely require a bond unless all heirs file informed waivers and the court is satisfied that creditors are protected.

Helpful hints

• Contact the local probate court clerk early — local rules and practices can affect bond amounts and filing steps.
• Collect signed waivers from all heirs or distributees if they agree to waive bond — courts view unanimous, informed waivers favorably.
• Prepare a clear inventory and short explanation of estate assets and liabilities to support a waiver/reduction request.
• Expect to pay a surety premium if the bond is required. Premiums vary with bond size and creditworthiness.
• Consider limited or co-administration if the court is concerned about allowing full control without adequate security.
• If the estate is complicated (business interests, contested heirs, significant creditor claims), plan on posting a bond and discuss options with a probate attorney.
• Use the Michigan EPIC statutes for reference: MCL Chapter 700 (EPIC), and review MCL 700.3701 about fiduciary bonds.

Where to get more help

For specific guidance, call or visit the probate court where the decedent lived. Probate clerks can explain local filing steps, required forms, and typical bond amounts. If you expect disputes, complex assets, or creditor claims, consult a probate attorney who can evaluate the estate and help you petition the court to waive or adjust a bond.

Disclaimer

This article is educational and informational only. It is not legal advice and does not create an attorney-client relationship. For advice about your particular situation, contact a licensed Michigan probate attorney or the probate court.