Do administrators have to post a bond in Arkansas intestate probate, or can heirs waive it?

Short answer: In Arkansas, the court generally requires a bond for a person appointed as administrator (the personal representative for someone who died without a will) to protect the estate and its creditors. The court can allow a waiver or reduction of the bond in some situations, but that waiver typically requires either a statutory allowance, a will-based waiver (when there is one), or the written consent of interested parties and the court’s approval. You should expect the county probate/circuit court to require proof that waiving bond won’t harm the estate before it dispenses with the surety requirement.

Detailed answer — how this works under Arkansas law

When someone dies without a valid will (intestate), the probate court appoints an administrator to gather assets, pay debts and distribute property according to Arkansas law. One common protection used by probate courts is a bond (also called a fiduciary bond or surety bond). The bond is a promise, usually backed by a bonding company, that the administrator will properly handle estate funds. If the administrator mismanages money, creditors or heirs may recover losses through the bond.

Arkansas law places the appointment and supervision of administrators under Title 28 (Estates and Trusts). The statutes give the court authority to require bonds and to set the amount of the bond. The court also has discretion to accept waivers or reductions of bond where the law or the circumstances allow it. You can review Arkansas statutory provisions about appointment and administration of estates at the Arkansas Code (Title 28): Arkansas Code, Title 28 — Estates and Trusts.

Key points to understand:

• Default rule — bond is routine. Courts routinely require an administrator to post a bond to protect the estate. The required amount and whether a bond is necessary are set by court order, based on the value of estate assets and potential exposure to creditors.
• Waiver by will doesn’t apply in intestacy. If a decedent’s will expressly waives bond, courts often accept that waiver for an executor named in the will. But if there is no will (intestate), there is no testator-created waiver.
• Heirs can agree to waive bond, but court approval is needed. Interested parties (heirs and creditors) may sign a written waiver or consent asking the court to dispense with or reduce bond. Even with unanimous agreement, the probate court will consider whether waiving or reducing a bond is safe for the estate and may require additional protections (such as orders limiting the administrator’s authority or requiring accounting). Courts generally will not allow a waiver that would unfairly expose creditors or unknown claimants to risk.
• Court discretion and safeguards. The judge has broad discretion. Factors the court will consider include the size and liquidity of the estate, the relationship and trustworthiness of the proposed administrator, whether the heirs are all adults and competent to consent, whether the estate owes significant debts, and whether a bonding company is available and willing to issue a bond.
• Alternatives to a full bond. The court may accept alternatives such as:
  • a reduced bond amount,
  • a secured bond (collateral instead of surety),
  • custodial or supervised bank accounts,
  • or court-ordered accounting/reporting requirements.

Because bond requirements and judicial practices vary by county and judge, you should speak with the probate clerk in the county where the decedent lived to learn local procedure and the documents the court expects for a waiver or reduction.

Practical steps if you want to waive or reduce a bond

1. Confirm who the interested parties are (heirs and known creditors).
2. Ask the probate clerk for local rules and any required form for a “waiver of bond” or “consent to administrator without bond.”
3. If all heirs agree, obtain a signed written waiver or consent from each heir. The court will still review these and may require notarization or filing of the original documents.
4. File a petition requesting a waiver or reduction in bond with the probate/circuit court and include the signed consents and any supporting facts (estate inventory, lack of creditors, low estate value, trustee-like protections you propose, etc.).
5. Be prepared for the judge to set a hearing. The judge may allow the waiver, require a reduced or secured bond, or deny the waiver and order a full bond.

Where to look in Arkansas law (statutory guidance)

Arkansas statutes governing appointment of personal representatives, bond requirements, and administration are found in Title 28 (Estates and Trusts). For the controlling statutory language and to cite specific provisions, see Arkansas Code, Title 28 (Estates and Trusts): https://www.arkleg.state.ar.us/ArkansasCode/Title/28. The probate clerk and local court staff can point to the particular sections your county follows most closely.

Helpful Hints

• Talk to the probate clerk in the county where the decedent lived early — clerks often provide guidance on local practice and required forms.
• Get written, signed waivers from every heir and any known creditors before seeking a waiver from the court — verbal agreement is not enough.
• If the estate has significant assets or unknown creditors, expect the court to require a bond rather than grant a waiver.
• Consider whether a reduced bond or collateral would be a reasonable compromise if a full bond is onerous.
• Keep detailed records and be ready to file inventories and accountings if the court approves limited authority in place of a bond.
• If parties disagree about bond, the court will decide what protects the estate and creditors; disagreement may lead to a requirement for a full bond or appointment of a neutral administrator.
• Consult a probate attorney if the estate is complex, there are disputes among heirs, or creditors’ claims appear likely.

Disclaimer: This article is educational and does not constitute legal advice. It explains general principles under Arkansas law. For advice about a specific situation, contact a licensed Arkansas attorney or the probate court in the county where the decedent lived.