Do I need to post a bond to serve as administrator of my mother’s intestate estate in Oregon?

Short answer: Usually yes. In Oregon, a personal representative appointed to administer an intestate estate must ordinarily give a probate bond (a surety bond) unless the court relieves that requirement or the heirs effectively waive it. There are narrow circumstances and procedures under which the bond can be reduced or waived.

Detailed answer — what the bond is and when Oregon requires it

A probate bond (sometimes called an administrator’s bond or fiduciary bond) is a promise, backed by a surety company, that the personal representative will perform duties honestly and follow court orders. The bond protects the estate and the estate’s creditors and beneficiaries if the administrator mismanages assets.

Under Oregon probate practice, the court commonly requires a bond from a person appointed to administrate an intestate estate. The bond amount is usually tied to the value of the estate’s assets and income expectations. The court sets the amount and approves the surety.

Key points:

• If the decedent left a will that expressly waived bond for the personal representative, the court will often follow that direction for an executor named in the will. However, your question is about an intestate estate (no will), so that scenario does not apply here.
• For intestate estates, the court usually requires a bond to protect heirs and creditors unless the court exercises discretion to reduce or waive the bond.
• The court can authorize a reduced bond or grant a waiver when the risk of loss is low or when all interested persons (heirs or beneficiaries) agree to waive the bond requirement and the court approves the waiver.
• Small-estate procedures or informal administration paths may make bond requirements smaller or unnecessary in specific situations. The value thresholds and procedures affect whether you must file a formal administration or can use a simplified process.

How a waiver or reduction typically happens

Common ways bond is waived or reduced in Oregon:

• All heirs or beneficiaries sign a written waiver or consent and the court accepts those waivers. When every person with an interest in the estate consents, the court is more likely to relieve the administrator of the bond requirement or approve a smaller bond.
• The court, on petition, orders a reduced bond after considering the estate size, the relationship between the administrator and heirs, the administrator’s credit or reputation, and whether adequate safeguards exist (for example, freezing some assets or appointing a co-administrator).
• Statutory small-estate procedures may allow assets to pass without formal administration or reduce formalities that lead to bonding requirements.

Practical effects and costs

If the court requires a bond, you obtain it from a surety company or bonding agent. The surety charges a premium (typically a percentage of the bond amount). The estate pays the premium, not the estate’s beneficiaries, although the premium reduces the estate’s cash. If you or the estate’s beneficiaries cannot post the bond, the court can sometimes appoint a different administrator or require the appointment of a co-administrator or fiduciary with bond posted.

Where to look in Oregon law and court resources

Oregon’s probate statutes and court guidance explain bond and waiver procedures. See the Oregon Revised Statutes sections on probate and administration for statutory rules and the Oregon Judicial Department’s probate guidance for practical forms and procedures. Useful resources:

• Oregon statutes on probate and administration (general chapter listing): https://www.oregonlegislature.gov/bills_laws/Pages/ORS.aspx
• Oregon Probate program and public information from the courts: https://www.courts.oregon.gov/programs/probate/Pages/default.aspx

Step-by-step practical guidance if you’re named administrator for your mother’s intestate estate

1. File the petition for appointment as administrator with the probate court in the county where your mother lived when she died.
2. Be prepared to ask the court for bond instructions. The court will either set a bond amount or tell you how to seek a waiver or reduction.
3. If you want to avoid or reduce a bond: get written waivers from all heirs or beneficiaries (if possible) and file them with your petition. Explain why waiver or reduced coverage is appropriate (small estate, all heirs agree, minimal liquid assets, close family member serving as administrator).
4. If a bond is required, contact a surety or bonding agent to obtain the bond. The surety will set a premium based on the bond amount and your background.
5. If you cannot post bond or the cost is excessive, consider asking the court for alternatives: reduced bond, co-administrator, or appointment of a professional fiduciary.
6. Keep records. Whether you obtain a bond or the court waives it, keep copies of court orders, waivers, and any bond documents in the estate file.

Helpful Hints

• Before filing, identify all potential heirs. If everyone who will inherit signs a waiver, the court is more likely to relieve you of bond obligations.
• Ask the probate clerk how your county typically sets bond amounts and what forms you need. Procedures can vary by county.
• Get a few quotes from surety companies. Premiums can differ significantly by company and by applicant history.
• Consider whether the estate qualifies for simplified or small-estate administration, which can reduce or eliminate bonding needs.
• If creditors exist or estate assets are substantial, expect the court to insist on a bond to protect those parties’ interests.
• If you anticipate disputes among heirs, a bond gives additional protection and may be required to avoid later claims against you personally.

When to consult an attorney

Consult an Oregon probate attorney if the estate is complex, creditor claims exist, heirs dispute administration, or you want formal legal advice about asking the court to waive or reduce bond. An attorney can draft petitions, gather heir consents, and represent you at hearings.