Do you have to post a bond to serve as an administrator in New Jersey intestacy?

Short answer: In New Jersey, a bond is commonly required when the court issues letters of administration for an intestate estate, but the bond requirement can sometimes be waived if all persons entitled to share in the estate unambiguously agree and the surrogate (the county probate judge) approves the waiver. The surrogate has discretion and may still require a bond to protect the estate’s creditors and beneficiaries.

Detailed answer

When someone dies without a valid will (intestate), the county surrogate’s office handles appointment of an administrator to collect assets, pay debts, and distribute what remains to the heirs. A bond (often called a fiduciary bond or surety bond) is a form of insurance: it protects the estate and the beneficiaries if the administrator mismanages or steals assets.

Key points about bonds in New Jersey intestate administrations:

• Bond is standard but not absolute. Surrogates generally require a bond as a condition of issuing letters of administration. The amount of bond typically reflects the size and character of the estate, and the surrogate will set the amount in the letters or by local rule.
• Waiver by heirs may be possible. Heirs who are entitled to share in the estate can sometimes waive the requirement for a bond. To be effective, the waiver should be explicit, in writing, and filed with the surrogate as part of the administration application. The surrogate reviews waivers before accepting them.
• Surrogate discretion. Even with written waivers from heirs, the surrogate has authority to require a bond if the surrogate believes it is necessary to protect creditors or other interested parties, or if there are estate assets at risk. The surrogate must administer consistent with probate law and local practice.
• Alternatives to a surety bond. In some cases, the surrogate may accept alternative security instead of a surety company bond — for example, cash deposited with the court or certain types of collateral — but acceptance is up to the surrogate and depends on local rules and the estate’s circumstances.
• Who can waive? Generally, only those with present legal or beneficial interest in the estate (the heirs or other interested parties) can waive the bond. Creditors cannot waive the bond requirement to the detriment of the estate. The waiver should identify the estate and the person being appointed and must be properly executed.

Because rules and practice vary among counties, it’s important to contact the county surrogate’s office where the decedent lived to learn their specific requirements, forms, and whether they will accept heir waivers in lieu of a bond. The New Jersey Courts website and your county surrogate’s page provide practical forms and instructions.

For general reference to New Jersey’s administration laws and the surrogate process, see the New Jersey Courts information on the surrogate’s courts: https://www.njcourts.gov/. For statute-level guidance, consult Title 3B (Administration of Estates) via the New Jersey Legislature website: https://www.njleg.state.nj.us/.

How to try to get a bond waived — practical steps

1. Contact the county surrogate’s office early. Ask whether they accept written waivers of bond for intestate administrations and what format they require.
2. Prepare formal written waivers from each heir or interested person. The waiver should identify the estate, the proposed administrator, and include an express statement waiving the bond requirement. Make sure each waiver is signed and notarized if required by the surrogate.
3. File the waivers with your petition for letters of administration (or present them at the time of appointment). Attach a proposed order or cover letter explaining the circumstances and pointing the surrogate to the waivers.
4. Be ready to explain why a waiver is safe. If the estate is small, the administrator is a close family member with no record of issues, and there are no immediate creditor concerns, surrogates are more likely to accept waivers. If the estate holds substantial cash or risky assets, a surrogate may insist on a bond or other security.
5. If the surrogate denies the waiver, you can either obtain a surety bond from a bonding company (or post alternative security if allowed) or discuss limited administration options with the surrogate that might reduce bonding needs.

What happens if you do not post a bond?

If the surrogate requires a bond and none is posted, the surrogate will not issue full letters of administration. Without letters, the proposed administrator cannot legally collect assets, sign bank releases, sell property held in the decedent’s name, or complete many estate tasks. This can delay settling the estate and increase costs.

When a bond is especially likely to be required

• Large or complex estates with significant cash, investments, or business interests.
• Situations with potential creditor claims or disputed heirs.
• When the proposed administrator is not a close family member, has limited ties to the heirs, or has potential conflicts of interest.

Helpful hints

• Talk to the county surrogate before filing. Local practice controls many details.
• Get written waivers from all heirs and keep originals. The surrogate will want clear, signed documents.
• If a surety bond is required, compare several bonding companies for rates and requirements.
• If you worry about creditor exposure, consider whether limited letters of administration or protective inventory filings might be appropriate.
• Keep clear records and receipts once you serve. Even with a waiver, fiduciary duty remains and beneficiaries can later challenge conduct.
• If there is any dispute among heirs about waiving a bond, don’t assume a waiver exists — get legal advice or seek the surrogate’s guidance.

When to consult a lawyer

Because surrogates have discretion and laws can be technical, consult a probate attorney if the estate is large, if heirs disagree, if creditors might appear, or if you anticipate contested issues. An attorney can help prepare waivers, advise whether alternative security is acceptable, and represent the administrator if disputes arise.

Disclaimer: This article explains general principles under New Jersey law for informational purposes only. It is not legal advice and does not create an attorney-client relationship. Laws and procedures change; consult the county surrogate or a qualified New Jersey probate attorney for advice about your specific situation.