Detailed answer — Utah probate bond rules (plain language)

Under Utah law, a court generally requires a bond from a personal representative (administrator or executor) to protect the estate’s creditors and beneficiaries. The bond is a type of insurance that guarantees the person appointed will properly manage the estate, pay debts, and follow the court’s instructions. For the statutory framework, see Utah Probate Code, Title 75: Utah Code Title 75 (Probate), and practical court guidance at the Utah Courts probate pages: https://www.utcourts.gov/howto/probate/.

Key points you need to know:

• Bond is routine. The probate court commonly fixes the bond amount before issuing letters appointing a personal representative. The amount usually reflects the estate’s value, anticipated receipts, and disbursements.
• Waiver is possible but limited. A waiver of bond is allowed in certain situations — for example when the decedent’s will expressly waives bond, or when all interested persons (heirs and certain beneficiaries) sign a written waiver and the court accepts it.
• Intestate cases (no will). If there is no will, heirs can often agree to waive the bond by signing a written waiver and filing it with the court. However, the court has discretion to require a bond despite unanimous consent if the court believes a bond is necessary to protect minors, unknown heirs, creditors, or the estate itself.
• Court discretion and exceptions. The judge can refuse a waiver or require a bond when there is risk: e.g., a proposed personal representative has a conflict, a history of financial problems, the estate includes complex assets, or some heirs are minors or incapacitated. The court can also order a smaller bond, set conditions, or allow an alternative form of security.

How waiver normally works in practice

If all adult heirs (and other legally interested persons) agree that a named person may serve without a bond, they typically sign a Waiver of Bond form or a written stipulation. The petitioner files that waiver with the probate petition. If the waivers are complete and there are no factors suggesting risk, the court often accepts the waiver and issues Letters of Administration without requiring a surety bond.

Practical example (hypothetical)

Imagine a Utah resident dies intestate survived by three adult children. One child petitions to be appointed administrator. All three adult children sign a written waiver of bond and file it with the court. If there are no minor heirs, no contested creditors, and nothing else raising the court’s concern, the judge will likely accept the waivers and appoint the petitioner without a bond. If, instead, one heir is a minor or a creditor files a claim raising concern, the court may require a bond despite the adults’ agreement.

Small estates and simplified procedures

Utah offers simplified or small‑estate procedures for low‑value estates or for certain situations where full probate is unnecessary. Those procedures often reduce or eliminate the need for a bond. See Utah Courts guidance on small estates: Utah Courts — Small Estate Procedures.

What to expect on bond amount and how to provide it

• Bond amount: The court will propose or set an amount based on the estate’s expected receipts and exposures.
• How to obtain: The appointed personal representative usually purchases a surety bond from a bonding company. The bond premium is a cost of administration.
• Alternatives: The court may accept a reduction, partial bond, or other security (cash, letter of credit, real‑property collateral) in lieu of a traditional surety bond.

Where the law and local practice matter

Procedures and forms can vary by county and judge. Always check the local probate rules and the clerk’s office instructions for your county. The Utah Courts website publishes forms and procedural guides: Probate forms — Utah Courts.

When you should consider asking the court for a ruling

If any of the following apply, the court is more likely to require a bond and you should expect to discuss it during the petition:

• An interested person is a minor, incapacitated, or unborn;
• The proposed administrator has a history that raises concern about handling money;
• The estate includes business interests, real property with mortgages, or hard‑to‑value assets;
• There are likely creditors or pending litigation against the estate.

Helpful hints — steps to take if you’re trying to waive bond in Utah

• Get everyone’s names and contact info. List all heirs and beneficiaries who have legal interest in the estate.
• Use written waivers. Have each interested adult sign a written Waiver of Bond or stipulation and file it with the probate petition.
• Check for minors and unborn heirs. If any heirs are minors or the existence of heirs is uncertain, expect the court to insist on a bond.
• Be transparent about assets and liabilities. Courts are less likely to require a bond when the estate is simple and fully disclosed.
• Consider a limited bond. If the court is uncomfortable waiving bond entirely, ask for a reduced bond or alternative security.
• Talk with a surety agent early. If a bond is required, a bonding company can estimate premium costs quickly.
• Review local forms. Use the Utah Courts probate forms and follow county clerk guidance: https://www.utcourts.gov/resources/forms/probate/.
• When in doubt, get help. If the situation is contested, complex, or involves minors, consult a Utah probate attorney or contact the probate clerk to understand local practice.