Disclaimer

This article is educational only and is not legal advice. It explains general Nevada probate concepts. For advice about your specific situation, consult a Nevada probate attorney or the probate clerk at the court where the estate will be opened.

Detailed answer — how bond requirements work in Nevada

1. Basic rule: bonds are generally required

When a person dies without a will (intestate) and the court appoints an administrator, Nevada law generally requires the personal representative to give a probate bond (also called a surety bond). The bond protects heirs and creditors against loss caused by the administrator’s wrongful acts, mistakes, or failure to perform duties. See the Nevada probate statutes for the rules that govern appointment and administration: NRS Chapter 145 (Probate: administration provisions).

2. How the court sets the bond amount and form

The court sets the bond amount based on the anticipated size and nature of the estate, potential income to the estate, and other risk factors. The bond is usually a surety bond issued by a licensed surety company. In some cases the court will accept alternate security instead of a surety (for example, cash or government bonds) or may require a lower bond if the administrator is judged low risk.

3. When a bond can be waived or reduced

There are several common ways a bond requirement can be avoided or reduced in Nevada:

• Will waiver: If the decedent left a valid will that expressly waives a bond for the personal representative, the court usually honors that waiver. (This is relevant when there is a will; in intestacy there is no will to waive the bond.)
• Waiver by consent of heirs: If all interested parties (heirs and devisees) agree in writing and the court approves, the court may dispense with or reduce the bond. Courts typically require a formal signed waiver or consent and an order.
• Small‑estate or summary procedures: Nevada has procedures for smaller estates that limit court involvement and, in some cases, avoid the need for a formal appointment and bond. See the statutes and judicial resources for small‑estate procedures: NRS Chapter 146 (Summary administration and small estates).
• Appointment of a corporate fiduciary: A bank or trust company acting as administrator will usually post bonding differently (often by internal corporate mechanisms) and that can affect the court’s bond requirement.

4. Practical example (hypothetical facts)

Suppose you are your mother’s adult child and she died without a will. You petition the probate court to be appointed administrator. The clerk tells you the court’s usual practice is to require a bond. You have three practical options:

1. Post a surety bond through a bonding company (you’ll pay a premium based on the bond amount and your financial profile).
2. Ask all heirs to sign a written waiver/consent to waive or reduce the bond, file that consent with the court, and request an order removing or lowering the bond requirement.
3. If the estate qualifies, use Nevada’s small‑estate affidavit or summary administration (per NRS Chapter 146) to avoid formal administration and the bond requirement.

The court will review any waiver request and may require additional protections before excusing the bond.

5. How to ask the court to waive or reduce a bond

Common steps:

1. Talk with the probate clerk at the county court where your mother’s estate will be opened. Clerks can explain local forms and filing steps.
2. Gather written consents from all heirs or interested persons stating they consent to a waiver or reduction of bond.
3. File a petition or motion with the court asking the judge to waive or reduce the bond and attach the consents and any supporting financial information about the estate.
4. Attend any hearing the court schedules. Be prepared to explain why the waiver is safe for the estate.

If the court is not persuaded, it can require a bond or impose different security.

6. Costs and timing

Bond premiums are paid to the bonding company and vary with the bond amount and your creditworthiness. Obtaining consent from heirs can be the least expensive route but may not always be available. Small‑estate procedures usually move faster and cost less, but they require the estate to fall under statutory limits. Always confirm current limits and procedures with Nevada statutes or the court clerk.

Helpful hints

• Start at the probate clerk’s office. Local clerks often have checklists and form packets for administrators, bond forms, and small‑estate procedures.
• If all heirs agree, get a written, signed consent that specifically requests the court to waive or reduce the bond. File it with your petition.
• Consider whether the estate qualifies for Nevada’s small‑estate or summary administration rules: these can avoid formal administration and bonding. See NRS Chapter 146: NRS 146.
• Shop for surety bonds. Bond premiums differ by company; compare licensed surety firms. If a bond is required, ask about alternate forms of security (cash, government securities) the court will accept.
• Keep detailed records and provide timely accountings to beneficiaries — that reduces disputes that otherwise could trigger bond claims.
• If heirs disagree about waiving a bond, or if the estate is complex, consult a probate attorney. An attorney can draft the necessary petitions and represent you at hearings.
• Use Nevada court self‑help resources: Nevada Courts Self‑Help Center for forms and guidance.