Short answer

Yes — when a court appoints an administrator for an intestate (no-will) estate in Virginia, the court normally requires a fiduciary bond (a surety) to protect estate creditors and heirs. However, that bond requirement can sometimes be reduced or waived if the court finds good cause, if all heirs file written consents, or when small‑estate procedures apply. The exact options depend on the size and makeup of the estate and the agreement of the heirs and creditors.

Detailed answer — how it works in Virginia

When someone dies without a valid will, Virginia courts appoint an administrator (also called a personal representative) to collect assets, pay debts, and distribute property under Virginia law. Because the administrator will handle other people’s money and property, the court generally requires a bond. The bond is a financial guarantee — typically provided through a surety company — that protects the estate if the administrator mismanages assets.

Who decides whether a bond is required?

The circuit court (or its clerk acting under local rules) that opens the estate will set the bond requirement as part of the appointment process. The court looks to the nature and value of the estate, the presence or absence of a will, any language in a will (not applicable in intestacy), the identities of the heirs, and whether heirs or creditors object.

How large is the bond?

Courts usually base the bond on the total probable value of the estate assets the administrator will control. The required amount may be set at the full value of estate assets, or a multiple of annual income or other measures, depending on local practice and the judge’s discretion. The estate pays the bond premium (an insurance-style fee) rather than the administrator posting the full bond amount personally.

When can the bond requirement be waived or reduced?

Common ways to avoid or reduce a bond in Virginia include:

• Written consent from all heirs. If every person entitled to inherit signs a written waiver of bond or signs a consent approving unsecured administration, the court may waive the bond requirement.
• Court discretion for good cause. The court may dispense with or reduce the bond if circumstances show the estate is low-risk (e.g., few assets, gifts already in cash, no creditors), or the administrator is a neutral party with strong credit and no history of malfeasance.
• Small‑estate procedures. Some assets can pass outside formal probate or under simplified procedures (small estate affidavit or summary administration) that avoid full administration and therefore avoid a bond. Whether the estate qualifies depends on the value and type of assets and how title passes under Virginia law.

Practical ways to provide bond

When the court requires a bond, the administrator usually secures it by buying a surety bond from a bonding company. Alternatives include:

• Cash or property deposit with the court in lieu of a surety (if the court allows).
• Multiple surety signers (rare) or a corporate surety (most common).

What if some heirs object and others consent?

If any heir or a creditor objects to waiving the bond, the court typically will require a bond or hold a hearing before deciding whether to waive or reduce it. Creditors may insist on a bond to ensure estate funds are available to satisfy claims.

Steps to request a waiver or reduction

1. Identify all heirs and potential creditors. Make sure you know who must consent.
2. Gather signed written waivers or consents from all heirs (if possible). Courts favor clear, written documentation.
3. File the petition or request for appointment with the circuit court clerk and include a request to waive or reduce bond, attaching signed waivers or supporting evidence.
4. If necessary, schedule a hearing and be prepared to explain why a bond is unnecessary or excessive (low asset value, limited risk, all heirs consenting, etc.).

When to consult a lawyer

Because probate practices and local court procedures vary across Virginia, and because bond amounts and waiver standards can depend on facts unique to the estate (asset types, creditor risk, family dynamics), consider consulting a Virginia probate attorney if: the estate is sizable; there are likely creditor claims; heirs are not all in agreement; or you want help drafting waivers and submitting the petition to the court.

For statutes, forms, and general guidance, review Virginia’s probate laws (Title 64.2 of the Code of Virginia) and the Virginia judicial system’s probate resources:

• Code of Virginia, Title 64.2 — Wills, Trusts, and Fiduciaries
• Virginia Judicial System — Probate Information and Resources

Helpful hints

• Start by locating a death certificate and basic asset information (bank accounts, life insurance, real estate titles). That helps the court estimate bond size.
• If all heirs agree to waive bond, get written waivers signed, dated, and notarized when possible — the court will want clear documentation.
• Contact a bonding company early to estimate premiums; bond cost is typically a percentage of the bond amount, not the full sum up front.
• Explore small‑estate or summary transfer options for low‑value estates — those can avoid full probate and bond needs for some assets.
• If one heir objects, expect the court to require bond unless you persuade the judge otherwise at a hearing.
• Keep careful records and inventory of all estate property — whether or not a bond is required, good accounting reduces disputes and liability risk.
• When in doubt, speak with a probate attorney familiar with the local circuit court — attorneys can often prepare consent forms, petitions to waive bond, and represent you at hearings.