Posting Bond

To protect the estate during administration, an Administrator is required to post bond and to file certain reports with the Probate Court unless relieved.

Bond Waivers
The heirs may choose to authorize the court to waive the Administrator's responsibility to post bond and file reports. This waiver must be unanimous and the heirs must all sign and have notarized the Consent of Heirs to Waiver of Bond on page 4 of Standard Form #3.

If the heirs live in different places, you may make several copies of page 4 and have each heir sign a copy and have the signature notarized and file all the separate copies.

Notice of Waiver
If the heirs consent to waiving the requirement of bond, notice of the waiver must be published in order to give anyone who has a claim against the estate the opportunity to object.

Background Checks
Before the bond can be waived, the court may perform a criminal history background check on the proposed Administrator.

The Administrator may be required to sign a separate form consenting to the background check. The results of this check will generally be kept confidential, but they may be revealed to any attorneys or guardians ad litem who are involved in the process.