Detailed Answer — Ohio law and posting an administrator bond

Short answer: In Ohio, the probate court generally requires an administrator (a personal representative appointed when someone dies without a will) to give a fiduciary bond before receiving letters of administration. The bond protects the estate and its beneficiaries against losses caused by mismanagement, theft, or mistakes by the administrator. A court can, in certain situations, reduce the amount required or waive the bond, but waivers are not automatic.

What a bond does and why courts require it

A probate bond is a form of financial security that assures the estate’s heirs and creditors that the administrator will perform duties faithfully and reimburse any losses caused by misconduct or negligence. Probate judges set the bond amount to reflect the value and nature of the estate’s assets and anticipated receipts and disbursements.

Legal framework in Ohio

Ohio’s probate statutes govern the appointment of administrators and the bond requirement. See Ohio Revised Code, Chapter 2113 for provisions related to administration and fiduciary duties. Courts generally have authority to require, fix, increase, reduce, or dispense with bonds in particular cases under the probate statutes and local procedures. For a starting point, see the Ohio Revised Code Chapter on administration: https://codes.ohio.gov/ohio-revised-code/chapter-2113. You can also review related sections that specifically discuss bonds and sureties: § 2113.36.

When a bond is normally required

• If the decedent died intestate (without a will), the probate court typically requires the appointed administrator to post a bond before issuing letters of administration.
• The bond amount is usually set by the court based on the size and nature of the estate, expected receipts, and outstanding liabilities.

When a bond can be waived or reduced

Although the default rule is to require a bond, Ohio law and practice permit exceptions and reductions in specific circumstances. Common ways a bond can be waived or reduced include:

• Unanimous written consent by all persons entitled to distribution (heirs or next of kin). In many cases, if every heir signs a written waiver and files it with the court, the court will accept the waiver and dispense with the bond requirement.
• Court discretion for good cause. The probate judge may waive or reduce the bond where it is appropriate—for example, where the appointed administrator is also the sole beneficiary, where the estate consists only of property that will pass outside probate, or where other protections exist.
• Filing alternative security. Instead of a surety bond from a bonding company, the court may allow the administrator to deposit cash, a savings bond, or other approved security with the court to satisfy the bond requirement.
• Small-estate procedures. Ohio provides simplified probate or affidavit procedures for smaller estates; when those apply, a full administration and the usual bonding requirements may be avoided. Check local rules and statutes for small-estate thresholds and procedures.

How to ask the court to waive or reduce a bond

1. File a petition or motion with the probate court asking for waiver or reduction. State the reasons and attach any written waivers from heirs or other supporting documents.
2. If heirs consent, submit signed waiver forms to the clerk. If you propose alternative security, identify the asset and how it will be pledged to the estate.
3. The court may set a hearing and will consider the petition, the estate size, the identity of heirs and beneficiaries, any conflicts, and the administrator’s relationship to beneficiaries before ruling.

Practical points: bond amounts, sureties, and costs

The court sets the bond amount based on the estate’s probable exposure. Probate courts commonly require a corporate surety (a bonding company) or private sureties approved by the court. If using a bonding company, you typically pay a premium (a percentage of the bond amount). If using cash or other posted security, the estate will hold that asset until final accounting and discharge.

Consequences of not posting an ordered bond

If the court orders a bond and the appointed administrator does not post it, the court will usually not issue letters of administration—or it can rescind appointment—and will consider appointing someone else. Failing to post a required bond can delay administration and distribution.

Where to look and who can help

Start by reviewing the Ohio Revised Code chapter on administration: https://codes.ohio.gov/ohio-revised-code/chapter-2113. For a statue specifically addressing bonds and amounts, see: § 2113.36. Because courts exercise discretion and local practice varies, contact the county probate court clerk where the estate will be filed or consult a probate attorney for case-specific guidance.

Disclaimer: This article explains general principles under Ohio law and is for informational purposes only. It is not legal advice and does not create an attorney–client relationship. If you need advice about a specific estate, contact a licensed Ohio probate attorney or the probate court in the county where the decedent lived.

Helpful Hints

• Before filing, call the county probate court clerk and ask what forms they require for an administrator’s bond and whether they have a standard waiver form for heirs.
• If you expect the estate to be modest, ask the clerk about small-estate affidavits or simplified procedures that may avoid administration and bonding.
• If all heirs agree to waive the bond, get their consent in writing and file it with the court; unsigned or informal agreement is not enough.
• Compare surety companies and premiums—bond costs vary by provider and by the bond amount.
• Consider whether you can post alternative security (cash or government bonds) if the court will accept it as an alternative to a commercial surety.
• Keep careful financial records and file required inventories and accountings on time—the bond protects beneficiaries if you fail to do so, and good recordkeeping reduces future disputes.
• If beneficiaries object to a waiver, the court will weigh objections—expect a hearing if there is disagreement among heirs.
• When in doubt, consult a probate attorney. A short consultation can clarify local practice, likely bond amounts, and whether a waiver is realistic in your situation.