Detailed answer — how bonds for administrators work in Wyoming probate

When someone dies without a will in Wyoming (intestate), the court appoints an administrator to collect the decedent’s assets, pay debts and taxes, and distribute what remains to the heirs. One common requirement the court imposes on an administrator is a fiduciary bond (often called a probate bond or administrator’s bond). The bond protects the estate and the heirs if the administrator mismanages the estate or fails to perform fiduciary duties.

Wyoming courts commonly require a bond unless the court orders otherwise. The amount of the bond is usually set by the court based on the value and nature of the estate. The court can require a surety company to issue the bond (a commercial surety bond) or accept other security or a personal bond in appropriate situations.

Heirs can sometimes waive the bond requirement, but two points are important:

• The waiver must comply with Wyoming procedure and the court must approve it. A simple informal agreement among family members will not substitute for a properly filed waiver in court.
• The court has discretion. Even if all heirs consent to waive a bond, the judge may still require a bond if the court believes it is necessary to protect creditors or non-consenting interested parties or to protect the public interest.

In practice this produces three common paths:

1. Bond posted: The administrator obtains a surety bond or other approved security and the court issues letters of administration.
2. Bond waived by written consent: All interested persons who have the right to object sign a formal, written waiver (often using the court’s form). The waiver is filed with the probate court and the judge approves it. If approved, the court can dispense with the bond requirement and issue letters without bond.
3. Court orders different security or limits: The court may choose a lower bond, accept a personal bond, or impose other conditions depending on the estate’s size, complexity, and the administrator’s relationship to the heirs.

Because the court controls appointment and protection of the estate, simply “everyone agreeing” at home is not enough. Waiver must be in the format the court requires and may still be rejected if the judge deems a bond necessary.

For official Wyoming probate statute text and local rules, see the Wyoming Legislature’s statutes page and the Wyoming Judicial Branch probate information:

• Wyoming Statutes (Legislature) — see the statutes addressing probate and fiduciaries (Title on estates and probate).
• Wyoming Judicial Branch — probate information and local forms — contact your county probate clerk for the county-specific forms and instructions.

If the estate is small or subject to a simplified procedure, different rules may apply that can reduce or eliminate the need for a bond. The county probate clerk or an attorney can tell you whether your situation qualifies for a simplified process.

Common scenarios — what usually happens

Below are typical outcomes depending on facts:

• Small estate with all heirs present and in agreement: The court may accept a written waiver and dispense with the bond, especially if the estate contains little cash or marketable assets.
• Large or complex estates, contested matters, or significant creditor exposure: The court will usually require a bond to protect the estate and creditors.
• Administrator with limited experience or non-family administrator: The judge may insist on a commercial surety bond rather than a personal bond.

What you should do next

1. Contact the county probate clerk where the decedent resided and ask for the local administrator appointment packet and bond waiver form, if available.
2. If all heirs want to waive a bond, get a written waiver on the court’s form and file it. The court must review and approve the waiver before issuing letters without bond.
3. If you expect the court to require a bond, obtain quotes from commercial surety companies or ask about alternatives (personal bond or lower bond amount) and be prepared to show the court why a waiver is appropriate.
4. Consider getting brief legal help if the estate is complicated, creditors exist, or heirs are not unanimous about waiving bond. An attorney can draft waivers, advise about bond alternatives, and represent you at the court hearing.

Disclaimer: This article is for general information only and is not legal advice. Laws and local rules change. Consult a Wyoming probate attorney or the county probate clerk for advice specific to your situation.

Helpful Hints

• Ask the probate clerk for the exact bond-waiver form used in your county; using the correct form speeds approval.
• Collect written, signed waivers from every person who has the legal right to object before asking the court to waive a bond.
• Be prepared to provide a current inventory or estimate of estate value — courts set bond amounts based on value and risk.
• Get surety quotes early. Commercial surety bonds require underwriting and can take time to issue.
• If an heir objects or a creditor appears, expect the court to require a bond despite any waivers.
• For small estates, ask whether you qualify for a simplified probate or affidavit procedure that avoids formal appointment and bond requirements.
• Keep records of distributions, receipts, and communications — these reduce disputes and protect an administrator from later claims.