California: Do I Need to Post a Bond to Serve as Administrator of an Intestate Estate? | California Probate | FastCounsel
Get Matched
CA California Probate

California: Do I Need to Post a Bond to Serve as Administrator of an Intestate Estate?

August 12, 2025 6 min read

Do I need to post a bond to serve as administrator of an intestate estate in California?

Short answer: In most California probate cases, yes — a court-appointed administrator generally must post a fiduciary bond unless the court or all interested persons waive the requirement or some simplified, non‑probate procedure applies.

Detailed answer — what the law says and how it works

When a person is appointed by the probate court to act as a personal representative (an administrator for an intestate estate), the court ordinarily requires a bond. The bond protects the estate and its heirs against loss caused by misconduct, mistakes, or failure to perform fiduciary duties.

California’s Probate Code sets out the general rule that a personal representative must give a bond in an amount the court prescribes before acting. See California Probate Code § 8400: leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=8400.&lawCode=PROBATE.

Key practical points about bond requirements:

  • Why bonds exist: A bond is an insurance-like guarantee that the administrator will faithfully perform duties (collect assets, pay valid debts, distribute property, file inventories and accounts). If the administrator breaches duties, the estate may make a claim on the bond.
  • How the amount is set: The court determines the bond amount based on the value of estate assets and the level of risk. The court can increase or reduce the bond as circumstances change.
  • How to provide the bond: The most common form is a surety bond from a bonding company. The administrator can also sometimes deposit cash or securities with the court or obtain other court-approved security in place of a surety bond.

When can the bond requirement be waived or reduced?

Bond requirements can be waived or dispensed with in certain situations:

  • Waiver by interested persons: If all persons entitled to distribution (those with an economic interest in the estate) consent in writing, the court may waive the bond requirement. That means heirs can sign written consents stating they waive bond and the court will typically honor those waivers. (See provisions governing waiver of bond in the Probate Code.) For statutory language and filing procedures, see California Probate Code § 8481: leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=8481.&lawCode=PROBATE.
  • Direction in a valid will (testate cases): When a decedent’s will names an executor and the will expressly waives bond for that executor, the court generally follows the will. (This applies to executors under a will, and is not directly available in intestacy unless all heirs consent.)
  • Court discretion: Even without written consents, the court has some discretion to reduce or eliminate bond for good cause — for example, if the administrator is the sole beneficiary, if the administrator is a surety company or bank that regularly acts as fiduciary, or if special circumstances make a full bond unnecessary. The court will balance protection of the estate against administrative convenience.
  • Small-estate or non‑probate procedures: If the estate qualifies for a simplified nonprobate process (for example, a small estate affidavit or certain transfers by affidavit), no probate will occur and no administrator appointment or bond will be required. See California Probate Code § 13000 et seq. for small estate procedures: leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=13000.&lawCode=PROBATE. Whether a small‑estate route is available depends on the estate’s assets and the creditor situation.

Common practical scenarios (hypothetical examples)

  • Typical intestate case with multiple heirs: Anna is appointed administrator for her mother’s estate worth $250,000. The court sets a bond based on estate value. Anna secures a surety bond from a bonding company and receives Letters of Administration.
  • All heirs agree to waive bond: Mike is appointed administrator and all siblings sign written waivers consenting to serve without bond. Mike files the waivers with the court and the judge dispenses with the bond requirement.
  • Small estate — no probate: Rosa’s parent had limited personal property and no real estate. The heirs use a small estate affidavit procedure to collect bank and personal property value below the statutory threshold and avoid probate and bond entirely.

How to request a waiver or reduce bond

  1. Identify all persons interested in the estate (heirs).
  2. Have interested persons sign written waivers of bond (usually under Probate Code procedures) and file them with the court.
  3. If you cannot get written waivers, file a motion with the probate court explaining the facts and asking the judge to reduce or dispense with bond. Provide evidence showing why the estate is protected (e.g., limited assets, proposed security other than bond, or that the administrator is a bank).

Practical tips and timing

  • Don’t assume bond will be waived automatically. File written waivers or a specific court petition early, because the court generally requires bond before issuing Letters of Administration.
  • Obtain quotes from bonding companies early. Premiums vary based on credit and bond amount.
  • Consider alternatives acceptable to the court (cash deposit, blocked account, or secured bond) if you cannot qualify for a surety bond.
  • If the estate is small, evaluate small‑estate or transfer‑by‑affidavit options to avoid probate entirely.

Where to look in the law

Start with these provisions in the California Probate Code:

Helpful hints

  • Gather a list of heirs before you apply for Letters of Administration; unanimous written waivers from heirs are the fastest route to avoid a bond.
  • Get bond premium quotes from several surety companies — premiums depend on the bond amount and your credit history.
  • If the estate has complex assets (real estate, business interests), expect the court to require a bond unless you get written consents or a clear replacement form of security.
  • Ask the court clerk which form and procedure your local court uses for waivers and for filing bond documents; local practice varies by county.
  • If creditors exist or litigation is likely, plan to post a bond or propose alternative security; courts prioritize protection of creditors and heirs.

Disclaimer: This article is for general informational purposes and is not legal advice. It does not create an attorney‑client relationship. For advice about a specific situation, consult a licensed California probate attorney or the probate court in the county where the decedent lived.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.