Bond requirements for someone appointed administrator of an intestate estate in New York

Disclaimer: This is general information only and not legal advice. I am not a lawyer. For guidance about a specific case, consult a licensed New York attorney or the Surrogate’s Court in the county where the decedent lived.

Detailed answer — how New York law treats bond for administrators

When someone is appointed as an administrator of an intestate estate in New York, the Surrogate’s Court normally requires that person to give security (a bond or other approved security) to protect the estate and its beneficiaries while the administrator carries out estate duties. The Surrogate’s Court Procedure Act (SCPA) gives the court authority to require such security and to regulate its terms. See SCPA §711 for the statutory authority on security required of fiduciaries: https://www.nysenate.gov/legislation/laws/SCPA/711.

Key points about the bond requirement:

• An administrator is usually required to provide a bond (officially called an undertaking or security) that is sufficient to protect the estate’s personal property and any income during administration.
• The Surrogate’s Court sets the amount of that bond. The size of the bond commonly reflects the value of estate assets that the administrator will hold or control.
• If an administrator does not post required security, the court can refuse to issue letters of administration, or later require additional security or remove the administrator if assets are at risk.

When the court may waive or reduce the bond

The court has discretion to waive or reduce security in certain situations. Typical situations where bond can be waived or reduced include:

• Unanimous written consent of all distributees (heirs at law): if everyone who is entitled to share in the estate signs a written waiver or consents in the form the court requires, the Surrogate’s Court may dispense with the bond or reduce it.
• Corporate or institutional fiduciary appointed: banks and trust companies that qualify as corporate fiduciaries are often allowed to serve without individual surety bonds because they provide their own corporate surety or proof of capital and trust authority.
• Small or administratively simple estates: where the estate has minimal assets or the court finds good reason, the court may reduce the bond or waive it entirely.
• Other good cause shown: the court will consider factors such as the relationship between the administrator and heirs, creditor concerns, insolvency risks, and whether third-party creditors object.

Even when the heirs agree, the court is not required to waive security if the judge believes a bond is necessary to protect creditors or the estate. The Surrogate’s Court retains discretion.

Practical steps to request a bond waiver or get a bond approved

1. When you file the petition for letters of administration, specifically request a waiver or reduction of security and explain why (e.g., all heirs signed waivers, estate is small, corporate fiduciary).
2. If relying on heirs’ consents, attach signed written consents from every distributee showing they know about and agree to the waiver. The court will review signatures and whether consent is valid.
3. If the court requires a bond, obtain a bond from a surety company (a commercial surety is common) or propose acceptable collateral or personal sureties and file the undertaking with the court for approval.
4. If the court denies a waiver, ask the clerk about local practice (bond forms, filing procedures) and obtain the required undertaking promptly so letters will issue and administration can begin.

Costs and practical considerations

• Commercial surety bonds are priced as a percentage of the bond amount (the premium can range depending on the company and perceived risk). The court sets the bond amount; the premium is paid to the surety company, not the court.
• If you use personal sureties (people who sign as guarantors), the Surrogate’s Court must approve them and may require proof of their financial ability to cover the bond.
• Counties and individual Surrogate’s Court judges may have local rules or practices about waivers and the form of consents. Contact the county Surrogate’s Court clerk for local procedures before filing.

Helpful hints

• Before filing, call the Surrogate’s Court clerk in the county where your mother lived to ask about local procedures and required forms for waivers and bonds.
• Gather all potential distributees’ names and contact information early so you can obtain signed written consents if you plan to ask for a waiver.
• Be prepared to explain creditor risk. If the decedent had unpaid debts or possible claims, the court is less likely to waive security.
• If relatives prefer not to post a bond, consider asking a bank or trust company to act as administrator (they often provide corporate security instead of personal bond) — but that can increase administrative costs.
• If the court requires a bond, get quotes from commercial surety companies early; premiums can vary and underwriting may take time.
• Keep documentation of all communications and signed waivers. The court will want clear written proof from every heir before it dispenses with security based on consent.
• If the situation is contested (disputed heirs or creditor objections), seek legal counsel. Contest or objections frequently lead the court to require full security.

Statutory reference: Surrogate’s Court authority to require security for fiduciaries appears in the Surrogate’s Court Procedure Act; see SCPA §711 for the court’s power concerning fiduciary security: https://www.nysenate.gov/legislation/laws/SCPA/711. For practical filing rules, check the Surrogate’s Court website or local court rules for the county where administration will take place.

If you want, provide the county where your mother lived and I can summarize likely local practices or common forms used there (clerk contact info and common requirements), although this is not a substitute for an attorney’s advice.