Do I Have to Post a Bond to Serve as an Administrator in Rhode Island Probate?

Short answer: Often the probate court requires the administrator of an intestate (no-will) estate to post a fiduciary bond, but beneficiaries can sometimes waive the bond in writing and the court can accept that waiver. The court, however, has the final say and may require a bond despite waivers to protect the estate or creditors.

Detailed Answer — What you need to know under Rhode Island law

This is an overview based on how Rhode Island probate courts handle fiduciary bonds. It is not legal advice.

What is a fiduciary (administrator’s) bond?

A fiduciary bond (also called an administrator’s bond or executor’s bond) is a type of surety bond that guarantees the administrator will perform duties faithfully, protect estate assets, pay valid debts and distribute the estate according to law. If an administrator mismanages assets, creditors or beneficiaries can make a claim against the bond.

When do Rhode Island probate courts require a bond?

Probate courts routinely require a bond when letters of administration are issued for an intestate estate. The court’s goal is to protect the estate’s assets and the interests of creditors and heirs. The court is most likely to require a bond if any of the following apply:

• The estate has significant assets or complex investments.
• There are known or likely creditors.
• Heirs include minors or incapacitated persons.
• The proposed administrator is a nonresident or has a contested fitness to serve.
• The estate is likely to be open for a long time or will involve litigation.

Can beneficiaries waive the bond?

Yes — beneficiaries and heirs who are legally entitled to receive estate distributions can consent in writing to waive the bond requirement, and the court often accepts that written waiver. However:

• The waiver should be explicit, in writing, signed by each adult heir or beneficiary who has legal capacity, and filed with the probate court.
• The court may refuse to accept a waiver if it believes the waiver would unfairly risk estate assets (for example, if minors or unknown creditors exist, or if the proposed administrator’s reliability is in question).
• Waivers by some beneficiaries do not bind others not party to the waiver, and creditors’ rights cannot be waived by heirs in a way that impairs valid creditor claims.

How to document and file a waiver

1. Obtain the probate court’s preferred form or check with the clerk for local requirements. The Rhode Island courts maintain probate resources and forms online: Rhode Island Probate Courts (RI Judiciary).
2. Prepare a written waiver identifying the estate, the decedent, the person seeking to serve as administrator, and an explicit statement that the signer waives the bond requirement.
3. Have each adult heir or beneficiary sign the waiver in the presence of any required witness or notary, if the court requires it.
4. File the waiver with the probate clerk when you petition for letters of administration or before the court issues letters.

When the court can still require a bond despite waivers

Even with signed waivers, the probate judge may require a bond to protect the estate if there is a demonstrated need. Typical reasons include potential creditor claims, the administrator’s lack of financial responsibility, disputes among heirs, or the presence of minor beneficiaries. The judge’s duty is to protect estate property and interests.

Alternatives and practical considerations

• If the court requires a bond, you can obtain a surety bond through an insurance or bonding company. Cost depends on the estate size and the administrator’s credit and underwriting factors.
• Personal sureties (friends or family who post security) might be acceptable in some cases, but many courts prefer bonds from licensed surety companies.
• Small estate procedures may allow heirs to collect assets without formal administration or a bond; check with the probate clerk to see if the small-estate procedure applies.
• If heirs want to avoid bonds and litigation, consider obtaining written waivers and making the estate administration transparent (inventory, accounting), which may increase the court’s comfort with a waived bond.

Where to find Rhode Island statutes and forms

For the definitive statutory language and local court rules, consult the Rhode Island General Laws and the Probate Court pages:

• Rhode Island General Laws (statutes): https://www.rilegislature.gov/Statutes/
• Rhode Island Judiciary — Probate Courts and forms: https://www.courts.ri.gov/Courts/ProbateCourts/Pages/default.aspx

Helpful Hints

• Talk to the probate clerk early — clerks can tell you whether a bond is likely and which forms to file.
• Get written, signed waivers from all adult heirs if you want the court to consider waiving the bond. Keep originals for filing.
• If minors or incapacitated persons are heirs, expect the court to be cautious and possibly require a bond despite waivers from adults.
• Compare quotes from several surety companies if a bond is required. Premiums vary by credit history and bond amount.
• Keep a clear inventory and transparent accounting — presenting a plan for estate administration can persuade the court a bond is unnecessary.
• If heirs disagree about waiving the bond, the administrator should be prepared for the court to require a bond until disputes are resolved.

Next steps

If you are preparing to petition for letters of administration, contact the probate clerk in the county where the decedent lived and ask about local forms and practices on waiving bonds. Consider consulting an attorney if the estate is large, complex, contested, or if minors and creditors are involved.

Disclaimer: This article explains general Rhode Island probate practice and is not legal advice. For advice about your specific situation, contact a licensed Rhode Island attorney or the probate court.