Detailed Answer
Short answer: In Pennsylvania, the court or the register of wills will generally require a fiduciary bond (security) from an administrator appointed for an intestate (no‑will) estate unless the court approves a waiver. Heirs and interested parties can often agree to waive bond, but the waiver must follow the court’s rules and be filed with the register of wills or approved by the orphans’ court. The court has final discretion and may require bond despite a purported waiver if it believes the estate or circumstances justify protection.
What the law says (where to look)
Pennsylvania’s statutes governing decedents’ estates and fiduciaries are found in Title 20 of the Pennsylvania Consolidated Statutes (Decedents, Estates and Fiduciaries). Those provisions give courts authority to require security for fiduciaries and to accept waivers where permitted. See the statutory compilation here for the text and related provisions: 20 Pa.C.S. — Decedents, Estates and Fiduciaries. County register of wills and orphans’ court rules also govern procedures and required forms.
How bond requirements commonly work in Pennsylvania
- The register of wills or the orphans’ court ordinarily requires an administrator (the person appointed when someone dies intestate) to post a bond that secures faithful performance and protects creditors and heirs from mismanagement.
- The amount of bond often reflects the value of estate assets and the likely exposure to creditors and taxes. Courts can set the bond amount and conditions.
- Pennsylvania law and local court practice permit interested parties—usually the distributees (heirs at law)—to waive bond in writing. The waiver is typically filed with the register of wills or presented to the court.
- Even when all distributees sign a written waiver, the register or the court may refuse to accept the waiver and still require bond if there is a concern about the fiduciary’s ability or willingness to act properly, the estate’s size or complexity, outstanding creditors, potential disputes among heirs, or other risk factors.
Typical steps to waive bond
- Identify all required waivers. Most counties require written waivers signed by all distributees or those entitled to receive notice. Check the county register of wills for the exact form and required acknowledgements (some counties require notarization).
- Prepare and sign waiver documents. Get signatures from all heirs and interested parties. Include printed names, addresses, and identification of the estate so the waiver clearly applies to the appointment.
- File the waiver with the register of wills when applying for letters of administration. If the register accepts the waiver, letters may issue without security. If the register questions the situation, the matter may be forwarded to the orphans’ court for decision.
- Be prepared for the court to require bond. If the orphans’ court orders bond despite waivers, the administrator must obtain a bond (often through a surety company) before letters issue or before the court allows fiduciary acts to proceed.
When the court is likely to require bond despite a waiver
- There are creditor claims or likely litigation.
- The estate is large or involves unusual or hard‑to‑value assets.
- The proposed administrator has a conflict of interest, a history of financial problems, or other red flags.
- Some heirs are minors, incapacitated, or otherwise represented by guardians or next friends; special protections may be required.
Practical options if bond is required
- Obtain a surety bond from a licensed surety company. This is the most common approach for larger estates.
- Post other security acceptable to the court (cash deposit, certificate of deposit, or other collateral) if the court allows it.
- Ask the court for a reduced bond or partial waiver if the estate is small or if other protections (e.g., joint administration with a co‑administrator) will limit risk.
Where to get county‑specific rules and forms
Each Pennsylvania county’s register of wills has local forms and practice notes about bonds and waivers. Search for your county’s register of wills page or call the register’s office before filing. The Pennsylvania Courts website also provides general information on probate and estate administration: Pennsylvania Courts.
What you should do next
- Contact the register of wills in the county where the decedent lived to get the exact waiver form and local instructions.
- Get written, signed waivers from all distributees if you want to try to avoid bond. Keep originals and have them notarized if required.
- If the register or court requires bond, obtain quotes from surety companies or ask a bank about acceptable deposits.
- Consider consulting a Pennsylvania estate or probate attorney if the estate is complex, if disputes are likely, or if you want help preparing filings to present to the court.
Helpful Hints
- Do not rely on verbal agreements. The register and court want written waivers signed by all required parties.
- Even with unanimous waivers, the orphans’ court may impose bond; expect the court to act in the estate’s and creditors’ best interests.
- Smaller estates are more likely to be allowed without bond; still check local thresholds and rules.
- If one heir objects to waiving bond, the court will likely require security.
- Keep good records and consider fiduciary insurance or a surety bond to limit personal exposure when you act as administrator.
Disclaimer: This article explains general principles of Pennsylvania probate law and is for informational purposes only. It is not legal advice and does not create an attorney‑client relationship. For advice about a specific estate, contact a licensed Pennsylvania attorney or the register of wills in the county where the decedent lived.