Detailed Answer — how Missouri handles bonds for administrators when there is no will

Short answer: In Missouri the probate court normally requires a bond from the person appointed to administer an intestate estate, but the court can permit a waiver or reduction of the bond in proper circumstances. Whether the court will waive the bond depends on statutory rules and the judge’s discretion, including whether all heirs consent and whether creditors or other interested parties object.

What is a probate bond? A probate (fiduciary) bond is a type of surety bond that protects the estate and its beneficiaries against loss caused by an administrator’s wrongful acts, negligence, or mistakes. The bond guarantees the administrator will perform duties faithfully and will turn over estate assets as ordered by the court.

How this works in Missouri (intestate administration):

• Appointment. When someone dies without a will (intestate), the court appoints an administrator to collect assets, pay debts, and distribute the estate according to Missouri law.
• Bond requirement. Missouri courts generally require a bond from an administrator as a condition of appointment. The amount of the bond is set to protect estate assets; the judge decides the appropriate amount based on the value and character of estate property and any special circumstances.
• Waiver or reduction. A court may waive or reduce the bond if the law allows and the court is satisfied that waiving or lowering the bond will not harm the estate or creditors. One common way a bond is waived in practice is by unanimous written consent of all persons with an interest in the estate (the heirs or those entitled to distribution), filed with the court. The court still has authority to require a bond if it finds it necessary for protection of the estate or creditors.
• Creditors and third parties. Even if heirs agree to waive bond, creditors or other interested parties may oppose a waiver. The probate judge will consider objections and may require a bond despite agreement among heirs if the judge finds a bond is necessary to protect the estate.
• Alternatives. When bond is required but heirs want to limit exposure, courts sometimes accept a reduced bond amount, personal guarantees from heirs, or letters testamentary/administration with a bond provided by a surety company. The court has discretion to approve arrangements it believes protect estate interests.

Statutory and court resources: Missouri probate procedures and the court’s power over fiduciary bonds are found in Missouri’s probate statutes and implemented by local probate courts. See the Missouri Revised Statutes governing probate and administration for the statutory framework: https://revisor.mo.gov/main/OneChapter.aspx?chapter=473

Practical effect: If you are asked to serve as an administrator and a bond is proposed, expect the court to look at the estate’s assets, any creditor claims, and the heirs’ positions. If everyone with a legal interest signs and files a written waiver, many courts will accept that waiver unless there is a compelling reason not to. But the decision rests with the probate judge, and courts will not sacrifice estate protection simply because heirs agree among themselves.

Typical steps to request a waiver or reduction of bond

1. Discuss the estate with all heirs and potential creditors. Get unanimous written consent from all heirs if possible.
2. Prepare and file the petition for appointment as administrator and include a specific request to waive or reduce the bond, attaching any written consents from heirs.
3. Provide notice to interested parties (beneficiaries and creditors) as required by local court rules so they can object if they choose.
4. Attend the hearing (if one is set). Be prepared to explain why a waiver or reduction will not harm the estate or creditors (e.g., small estate, few assets, agreement of heirs, lack of creditor claims, close family members serving, or other security).
5. If the court requires a bond, obtain it from an insurance/surety company or comply with whatever security the court approves.

Bottom line: You often can get a bond waived or reduced in Missouri if all heirs consent and the court believes the estate is adequately protected, but the probate judge has the final say and may require a bond to protect creditors and beneficiaries.

Disclaimer: This article is for general informational purposes and does not constitute legal advice. I am not a lawyer. For advice tailored to your situation, consult a licensed Missouri probate attorney or the probate clerk in the county where the decedent lived.

Helpful Hints — practical tips for handling bond issues in Missouri intestate probate

• Contact the probate clerk early. Local court staff can tell you filing procedures and required forms for bond waivers or reductions.
• Get unanimous written waivers from all heirs if possible; a signed document filed with the court helps the judge decide.
• Notify creditors and provide required notices. Courts weigh creditor protection heavily when deciding about bonds.
• Be ready to produce an inventory and an estimate of estate value. Lower-value estates are more likely to qualify for bond reductions or small-estate procedures.
• Consider a surety bond from an insurance company if the court requires a bond; it is often less costly than posting cash security.
• If the estate is small, ask whether small-estate or simplified administration procedures apply — these can avoid formal administration and bonding in some cases.
• When in doubt, consult a Missouri probate attorney. Even a short consult can explain local practice and the judge’s likely approach to bond waiver requests.