Quick answer

In Montana the court ordinarily requires a personal representative (administrator) to post a bond to protect the estate. Beneficiaries (heirs) can agree to waive the bond, but the court has the final say and may still require a bond when necessary to protect creditors or other interested persons. Small‑estate procedures or an explicit statutory waiver may eliminate the need for a bond in certain cases.

Detailed answer — what you need to know about bonds in Montana probate

What is a probate bond and why does the court require one?

A probate bond (also called a fiduciary or administrator bond) is an insurance policy or surety that guarantees the personal representative will faithfully perform duties: collect assets, pay debts and taxes, and distribute the estate under court supervision. The bond protects creditors and beneficiaries if the fiduciary mismanages or converts estate funds.

How Montana law treats bonds

Montana’s probate statutes set out procedures for appointing a personal representative and for the conditions under which the court will require a bond. The statutes and court rules give the court discretion to set bond amount and to require or waive a bond based on the circumstances of the estate. For the text and organization of the probate statutes, see Montana Code Annotated, Title 72 (Probate, Protective Proceedings, and Trusts): Montana Code Annotated – Title 72 (Probate). For practical steps and forms you can also consult the Montana Courts probate information: Montana Courts — Probate Self-Help.

Can heirs waive the bond?

Yes — heirs (beneficiaries) commonly may sign a written waiver asking the court to dispense with a bond. If every interested party who would be harmed by eliminating the bond unambiguously agrees in writing, many courts will allow waiver. However, the waiver must be properly completed, filed with the court, and accepted by the judge. The court retains discretion and will refuse a waiver if it believes the waiver would place creditors or other parties at risk.

When the court is likely to require a bond despite waiver

• When estate assets are large, complex, or easily misappropriated (cash, securities).
• When significant creditors or potential claimants exist and waiver could prejudice them.
• When the person appointed has a history that raises concern (prior bankruptcies, criminal convictions involving dishonesty, or prior breaches of fiduciary duty).
• When heirs are minors, incapacitated, or not competent to enter a binding waiver.

Special situations — small estates and nonbond options

Montana has streamlined or informal procedures for small estates that may avoid formal administration and therefore avoid a bond requirement. If the estate qualifies for a simplified procedure (small‑estate affidavit, short form probate, or appointment of a family member with limited powers), posting a bond may not be required. The Montana Courts self-help pages describe available procedures; check with the clerk of court in the county where the decedent lived.

How to ask the court to waive the bond — practical steps

1. Identify all interested persons (heirs, surviving spouse, potential creditors).
2. Ask each heir or beneficiary to sign a written waiver or consent to dispense with bond. The waiver should clearly identify the estate, the proposed administrator, and expressly state the agreement to waive the bond requirement.
3. File the waivers or consents with your probate petition (petition for administration) or as a separate document in the probate case.
4. Ask the court to set the matter for hearing or to accept the waiver if the court allows ex parte handling. Be prepared to explain why a bond is unnecessary and to supply documentation about assets and creditors.
5. If the court denies waiver, you can obtain a bond from a surety company; the court will set the amount of the bond based on the inventory and estimated administration period.

Who pays for the bond?

The estate typically pays the cost of the bond as an administration expense. The premium is often a small percentage of the bond amount; when heirs waive the bond, they generally take on the risk but not the cost.

Hypothetical example

Mary dies in Montana without a will. She leaves three adult children, all of whom live in-state and agree that John should serve as administrator. The estate consists of a modest house (low mortgage), a checking account, and no known creditors. All three children sign written waivers requesting the court to dispense with a bond. The court reviews the filings, sees the limited liabilities and unanimous written waivers, and uses its discretion to waive the bond. If instead Mary had significant rental income, multiple creditors, or one child who refused to waive, the court might require a bond to protect the estate.

Where to get forms and further help

Start with the county district court clerk’s office for local probate forms and filing procedures. For background statutes and legislative text see Montana Code Annotated, Title 72: MCA Title 72. For practical self-help resources and local contacts see Montana Courts: Montana Courts – Probate.

Helpful Hints

• Talk to the probate clerk early. The clerk can tell you whether the estate might qualify for a small‑estate procedure that avoids bond requirements.
• Get waivers in writing and signed by all adult heirs. Oral agreements rarely suffice for court records.
• Be transparent about assets and creditors. Courts are more willing to waive a bond when the estate looks simple and there are no hidden claims.
• If a bond is required, shop multiple surety companies — premiums vary and some local agents specialize in probate bonds.
• If an heir refuses to waive, consider mediation or agreeing to co‑administration where multiple fiduciaries share responsibility (the court may still require bond).
• When in doubt, consult an attorney licensed in Montana for case‑specific advice about risk and court practice.