Detailed answer — how Missouri treats administrator bonds for intestate estates

When someone dies without a will, the probate court appoints an administrator to collect the deceased person’s assets, pay debts and taxes, and distribute what remains to heirs. A common requirement when the court issues letters of administration is that the administrator give a fiduciary bond (often called an “executor/administrator’s bond” or just “bond”). The purpose of the bond is to protect the estate, creditors and heirs if the administrator mismanages funds or fails to perform duties.

Where the law is found

Missouri statutes that govern executors and administrators (including bond requirements and how the court handles them) appear in the Revised Statutes of Missouri, Chapter 473. For rules about intestate succession (who inherits), see Chapter 472. You can read these chapters on the Missouri Revisor of Statutes website:

• RSMo Chapter 473 — Executors and Administrators
• RSMo Chapter 472 — Descent and Distribution (Intestate Succession)

Is a bond required?

Yes — in most Missouri probate cases the court will require an administrator to give bond before issuing letters of administration. The court sets the bond amount based on the size and character of the estate and other facts. The bond is a financial guarantee that the administrator will faithfully perform duties and account for estate funds.

Who can serve without a bond or with a reduced bond?

Missouri law and practice allow several common situations where bond may be reduced or waived:

• Written waivers from persons who are entitled to inherit or otherwise have a legal interest in the estate can allow the court to dispense with or reduce a bond. In practice, interested heirs or creditors sometimes sign a waiver on a court form to permit no bond or a smaller bond.
• The court has discretion to reduce or waive the bond when the fiduciary posts an alternative form of security (for example, a deposit of cash or a certified account at a bank) or when other safeguards exist.
• Corporate fiduciaries (banks or trust companies licensed to act as fiduciary) often can serve with different bonding rules or are permitted to act without the usual surety bond because they are regulated and carry capital and insurance protections.
• Where the estate is very small, has no liquid assets, or all beneficiaries agree, the court commonly approves a waiver or reduced bond to avoid imposing cost on the estate.

How does a waiver or reduction usually work in practice?

If you want the court to waive or reduce a bond, you or your attorney will typically:

1. File an application or suggestions in the probate file requesting issuance of letters with no bond or with a reduced bond.
2. Obtain written consents or waivers from all interested persons (heirs, devisees, creditors who have filed claims) and file those waivers with the court. Missouri courts commonly accept the written waivers of interested parties as the basis to reduce or dispense with a bond.
3. If the court requires notice, the clerk will provide notice to interested parties and the court will consider any objections at a hearing.
4. If a creditor or heir objects, the court will decide whether to require the bond or accept proposed alternative security.

Why a court might deny a waiver

The court will not waive bond if the judge thinks the waiver puts the estate at risk. Common reasons to deny a waiver include:

• There are contested claims or likely litigation over the estate.
• The proposed administrator has a conflict of interest, poor financial history, or a prior record that raises concerns about handling estate funds.
• Not all interested persons (heirs, creditors) have agreed to the waiver.

Alternatives to a surety bond

Missouri probate practice accepts several forms of security instead of a commercial surety bond, when the court approves them, including a cash deposit with the court, an approved bank account, or other acceptable collateral. The court’s acceptance of alternatives depends on the facts and any applicable local procedures.

Sample hypotheticals

Hypothetical 1 — Small estate, all heirs agree: If your mother died intestate leaving two adult children as sole heirs and the estate is small and consists mainly of household items and a small bank account, you can ask the court to issue letters without bond. If both siblings sign written waivers and file them, the court will often waive the bond.

Hypothetical 2 — Significant assets or contested claims: If the estate includes real estate and bank accounts of significant value or if a creditor has an unresolved claim, the court is likely to require a bond. If you cannot obtain surety, the court may require a cash security deposit or deny waiving the bond.

Practical steps to take now

1. Contact the probate clerk in the county where your mother lived to get local forms and guidance about bond requirements and waiver forms.
2. Identify all heirs and interested persons. Ask them, in writing, whether they will sign a waiver of bond if appropriate.
3. If you expect to be charged for the bond premium, get quotes from surety companies and compare the premium cost to alternatives (cash deposit, bank surety). Commercial surety bonds are common but cost money.
4. If the estate or the issues are complex (disputed heirs, large assets, unpaid debts), consider consulting a probate attorney to prepare the petition, obtain waivers and present the matter to the court.

When to consult an attorney

You should consult a probate attorney if the estate has substantial assets, potential creditor disputes, unclear heirs, or if the court refuses a waiver and you need help presenting evidence to justify reduced security. An attorney can also confirm the county’s local practice and prepare the waivers and pleadings properly.

Helpful hints

• Talk to the probate clerk early — local procedures and forms vary by county.
• Collect and list all estate assets before asking for a waiver — courts set bond based on known and probable assets.
• Get written waivers signed by all heirs and file them promptly to improve chances of a waiver.
• Compare the cost of a commercial surety bond to alternatives (cash deposit or bank-managed accounts).
• If a creditor has filed a claim, expect the court to require adequate security unless the claim is resolved or the creditor consents in writing to a waiver.
• Remember that a bond protects heirs and creditors — if someone objects, the court must weigh the objection before approving a waiver.
• Even if the court waives a bond, the administrator still must keep accurate records and will be held accountable by the court and heirs for any misconduct.