Do I have to post a bond to serve as an administrator (no will) in Arizona probate?

Short answer: Under Arizona law, a personal representative (administrator) will usually be required to file a bond when appointed to administer an intestate (no-will) estate, but the court can approve a waiver in certain situations. A waiver typically requires either a statutory basis, a will provision (not available when there is no will), or the agreement of interested parties and court approval. The judge retains discretion and may require a bond if the estate’s circumstances warrant it.

Detailed Answer — What Arizona law generally requires

Arizona’s probate rules are in Title 14 of the Arizona Revised Statutes. The probate court issues letters appointing a personal representative and sets conditions for administration. One common condition is a surety bond: an insurance-backed guarantee that the representative will properly manage estate assets and pay debts and distributions. The bond protects the estate and interested parties (heirs, creditors).

Key points to understand:

Default rule: Courts commonly require a bond for administrators appointed in intestate estates. The court may calculate bond to cover the estimated value of estate assets (plus a margin) and may require a corporate surety or other security.
Waiver options:
- When a decedent’s will expressly waives bond, courts will often honor that waiver for a named personal representative. (This option is not available in intestacy because there is no will.)
- In some cases, interested persons (heirs and other parties entitled to notice) can agree to waive bond. The court must approve such a waiver. The judge will review the waiver and may still require bond if there are concerns about the representative’s honesty, the estate’s solvency, creditor claims, or family disputes.
Court discretion: The probate judge has broad discretion. Even with a signed waiver by all heirs, the judge can require a bond where the judge finds risk to estate assets or where state law or local practice advises protection.
Small-estate or simplified procedures: Arizona provides simplified ways to collect assets (small estate affidavit, summary procedures) that avoid formal probate altogether. If you qualify for a simplified procedure, you might not have to post a bond because you might not be appointed as an administrator through formal probate. The eligibility rules and limits change, so check current guidance or ask a lawyer or the court clerk.

For general statutory text and an overview of Arizona probate law, see the Arizona Revised Statutes — Title 14 (Probate): https://www.azleg.gov/arsDetail/?title=14. For practical guidance from the Arizona courts about probate and informal procedures, see the Arizona Judicial Branch probate information pages: https://www.azcourts.gov/selfservicecenter/Probate.

Practical examples

Example A — Small, cooperative family estate: A decedent dies without a will leaving modest assets. All heirs live locally, know the assets, and sign a written waiver asking the court to dispense with the bond. The probate judge may approve the waiver and appoint a personal representative without bond if the court is satisfied the waiver is voluntary and the estate poses little risk.

Example B — Larger estate or potential creditor claims: A decedent dies without a will leaving a valuable house, bank accounts, and outstanding business obligations. Some heirs live out of state and one heir is concerned about accounting. Even if all heirs sign a waiver, the court is likely to require a bond to protect creditors and beneficiaries.

How to request a bond waiver in Arizona

File a petition for appointment as personal representative with the superior court in the county where the decedent lived.
Prepare and submit any written waivers or consents from heirs/next of kin stating they agree a bond not be required.
The court will review the petition, the waivers, and the estate facts. The judge may hold a hearing and will decide whether to permit the waiver or order a bond.
If the judge orders a bond, you must obtain a surety bond or other approved security before receiving appointment paperwork (letters of administership).

Helpful Hints — What you should do next

Gather documentation: death certificate, list of known assets and debts, names and contact information for heirs and known creditors.
Talk with all interested persons early. If everyone is cooperative and willing to sign a waiver, file those signed waivers with your petition to help the judge decide.
Be prepared for the court to require a bond anyway. Judges protect estate creditors and beneficiaries; if the estate is large, complex, or has disputes, expect bond requirements.
Explore simplified procedures. If the estate qualifies for small-estate procedures or summary administration, you may avoid formal probate and bond requirements entirely. Check the Arizona courts website for self-service forms and eligibility criteria: https://www.azcourts.gov/selfservicecenter/Probate.
If you need a bond, ask local surety companies or insurance agents experienced in probate bonds about cost (premium is often a percentage of the bond amount) and qualification requirements.
Consider consulting a probate attorney for advice tailored to your estate’s size, complexity, and family situation — especially if there are disputes, business interests, or potential creditor claims.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. I am not a lawyer. Laws change and courts have discretion. For advice specific to your situation, consult a licensed Arizona probate attorney or contact the probate clerk in the county where the decedent lived.