Do I Have to Post a Bond to Serve as Administrator in Virginia When There’s No Will?

Short answer: Under Virginia law, courts generally require a bond for a personal representative (administrator) unless the court permits a waiver. Heirs or other interested parties can agree to a waiver, and the court may accept that waiver in many cases, but the judge or clerk can still require a bond if it seems necessary to protect the estate or creditors.

Detailed answer — how bonds and waivers work in Virginia probate

This section explains the basic rules and the usual process. It does not replace legal advice.

What a bond is and why the court requires it

A fiduciary bond (sometimes called a probate bond or administration bond) is a financial guarantee that the personal representative will properly administer the estate. If the administrator mishandles estate assets or causes loss, the surety on the bond can be called on to compensate the estate. The court uses bonds to protect creditors and beneficiaries while the estate is being settled.

General rule in Virginia

Virginia’s probate rules are in Title 64.2 of the Code of Virginia. The statutes authorize the court to require that an executor or administrator give bond and set the form and amount. You can review the relevant code provisions and related rules at the Virginia Code (Title 64.2):
https://law.lis.virginia.gov/vacode/title64.2/.

When a bond can be waived

• Where a decedent left a will that expressly waives bond for the nominated executor, the court often admits that executor without requiring bond—subject to court discretion and any objections.
• In intestate cases (no will), the law allows interested parties (usually heirs or distributees) to consent to the appointment of an administrator without bond. In practice, this is done by signing a written waiver or consent form that the clerk or court accepts.
• The court still has the authority to require a bond even if all heirs consent. Virginia judges and clerks will consider whether the waiver would unfairly expose creditors or other beneficiaries to risk. If the estate includes significant assets, business interests, or disputed claims, or if the proposed administrator is not a resident or has potential conflicts, the court may refuse to accept a waiver and require a bond.

How families typically proceed

When everyone who would inherit agrees the nominated administrator does not need to be bonded, you can present signed waivers to the clerk of the circuit court when you file the petition for administration. Many clerks provide a standard form or short form consent. If the clerk accepts the waiver, the court issues letters of administration without the requirement of a bond.

When the court is likely to insist on a bond

• The estate holds significant cash, real estate, or business interests.
• There are creditors who might assert claims against the estate.
• Potential conflicts among heirs exist or parties object.
• The proposed administrator has a history that suggests increased risk (e.g., bankruptcy, fraud, or being a nonresident).

Options if the court requires a bond

• Obtain a surety bond through an insurance or surety company. The administrator pays a premium rather than posting the full bond amount.
• Post security (cash or real property) acceptable to the court.
• Ask the court to reduce the bond amount or accept other protections (such as an agreement among heirs or court-supervised accounting). Reduction is discretionary.

Practical consequences of waiving bond

• Waiving bond makes administration cheaper and faster because you avoid the bond premium or posting security.
• It reduces the estate’s financial protection if the administrator mismanages assets. Without a bond, beneficiaries or creditors may need to sue the administrator personally to recover losses.
• Creditors and others might object to the waiver; a creditor could ask the court to require bond anyway.

What to bring to the clerk and how to ask for a waiver

When you file for administration in the circuit court for the county or city where the decedent lived, bring:

• Certified copy of the death certificate;
• Petition for administration (the clerk usually has a form or sample);
• Signed consents or waivers from all heirs/distributees who agree to waive bond; and
• Identification and any other documents the clerk requests (trust documents, prior wills if any, etc.).

If you plan to ask the court for a waiver, state that request clearly on the petition and attach the signed consents. If the clerk has a local practice, follow the clerk’s instructions or ask the clerk whether a hearing is likely.

Helpful Hints

• Check Title 64.2 of the Code of Virginia for statutory language and to confirm local procedures: Virginia Code (Title 64.2).
• Contact the probate clerk of the circuit court where the decedent lived; many clerks provide briefing sheets and waiver/consent forms.
• Even if heirs agree to waive bond, consider getting a surety bond if the estate has substantial assets—this protects beneficiaries without needing a separate lawsuit later.
• If a potential creditor objects, be prepared for the court to require a bond; creditor protections are a common reason courts refuse waivers.
• If you are unsure whether to waive bond, consult a probate attorney. An attorney can explain risks and propose protective steps (limited powers, inventorying assets, or periodic accounting) that may make a waiver acceptable to the court or heirs.
• Keep careful records. Even if the bond is waived, the administrator owes a fiduciary duty; good records reduce personal risk and ease final distribution.