Detailed answer — how Nebraska law treats bonds for administrators

When a person dies without a valid will (intestate) in Nebraska, the county court (probate court) appoints an administrator to collect assets, pay debts, and distribute property according to law. One routine protection the court uses is to require the administrator to post a fiduciary bond (sometimes called an administration or probate bond). The bond is a form of insurance: it protects the estate and creditors if the administrator mismanages or misappropriates funds.

Key points about bonds in Nebraska:

• Bond is the usual rule. Probate courts typically require a bond when appointing an administrator to create a financial guarantee against loss to the estate.
• Amount of the bond. The court sets the bond amount based on the value of estate assets and anticipated receipts. The amount is intended to reasonably protect the estate. The court may set different amounts depending on known and expected receipts, including income from rents, business operations, or proceeds from sale of property.
• Who provides the bond. Most administrators obtain a surety bond from an insurance/surety company. Alternatively, the court may accept individual sureties (people who sign as guarantors) or other security the court considers adequate.
• Waiver or reduction of bond. Nebraska courts have discretion to reduce or waive bond requirements in appropriate circumstances. Common reasons the court may consider a waiver or reduction include:
  • All heirs or other interested persons sign a written waiver or consent agreeing that bond is unnecessary.
  • The nominated administrator is the surviving spouse or an heir who is the sole or principal beneficiary and all interested parties agree.
  • The estate is small and can proceed under Nebraska’s simplified procedures (where a bond may not be required).
  • The court finds the administrator’s personal financial standing or other facts make a bond unnecessary or that a reduced amount is sufficient.
• Court discretion matters. Even with consent, the court may decline to waive bond if the judge believes a bond is needed to protect creditors or other interested persons. Conversely, even without unanimous written consent, the court may reduce the bond after hearing evidence showing low risk to the estate.
• Small estate and summary procedures. Nebraska provides simplified procedures for very small estates or for collecting certain assets without full administration. Those streamlined processes may eliminate the need for an administration bond. Whether you qualify depends on the type and value of assets and local court rules.
• Costs and timing. Purchasing a surety bond carries a premium (a percentage of the bond amount paid annually or once) rather than paying the full bond amount. The court generally will not issue letters of administration (formal authority to act) until required bond is filed and approved.

For more on Nebraska probate law and the probate code, see the Nebraska Probate Code (Neb. Rev. Stat. Chapter 30): https://nebraskalegislature.gov/laws/statutes.php?chapter=30.

Typical steps to ask for a bond waiver or reduction

1. File a petition for appointment as administrator with the county probate court where your mother lived.
2. Include information about the estate: asset estimates, heirs and their addresses, and why you request a waiver or reduction.
3. Collect written waivers or consents from all heirs or interested persons if possible. Courts prefer clear, signed consents that explicitly waive the bond requirement.
4. Attend any court hearing. Be prepared to explain the size of the estate, your relationship to the decedent, plans for administration, and why a bond is unnecessary or should be reduced.
5. If the court approves a waiver or reduction, obtain an order reflecting that decision. If the court requires bond, obtain a surety bond or acceptable security and file it to receive letters of administration.

Practical examples (hypotheticals)

Example A — Small, simple estate: Your mother’s estate consists of a single checking account with a modest balance and no real property. All heirs are her two adult children and both sign a waiver consenting to you serving without bond. The court may accept the waiver and dispense with bond or grant a reduced bond.

Example B — Larger or uncertain estate: If your mother owned significant assets, business interests, or had unresolved creditor claims, the court is more likely to require a bond. Even if heirs consent, the judge may require a bond to protect potential creditors or unknown heirs.

Example C — Simplified procedures: If the estate qualifies for Nebraska’s simplified collection or affidavit procedures for small estates, you may be able to collect certain assets without formal administration and thus avoid a bond. Qualification depends on statutes and local court rules.

Where to find forms and county procedures

Probate procedures, forms, and local requirements vary by county. Contact the county court clerk where your mother lived or visit the Nebraska Judicial Branch website for local probate forms and guidance. A local probate attorney or the clerk can tell you exactly which forms to file and whether your situation commonly gets bond waived.

Helpful Hints

• Bring these items when you consult the court or an attorney: death certificate, list of known assets and debts, names and contact information for heirs, and any account statements.
• Try to get written, signed waivers from all heirs if you want the court to consider waiving the bond. Oral agreements rarely suffice.
• Ask the court clerk whether your county has a standard form for consent/waiver of bond. Some counties provide forms that make the process easier.
• Shop for surety bonds through several brokers if the court requires one. Premiums vary by bond amount and your credit/fiduciary history.
• If the estate is small, ask whether simplified or small estate affidavits apply — that can save time and avoid bond costs.
• If the estate involves real estate, ongoing business operations, or possible creditor disputes, expect the court to require a bond unless there is a compelling reason to waive it.
• Keep records and receipts. A primary reason courts require bonds is to ensure there is an enforceable remedy if the administrator mishandles funds. Detailed records reduce objections and make bond waivers more likely in future matters.
• When in doubt, talk to a Nebraska probate attorney. They can advise whether a waiver is realistic in your county and prepare the petition and waivers in proper form.