Do you have to post a probate bond to serve as administrator in California?

Short answer: Under California law a probate bond is generally required for a personal representative (administrator or executor) unless the bond is waived by the decedent’s will or by the written consent of all persons entitled to the estate and the court allows the waiver. The court can also reduce or excuse bonding in appropriate circumstances.

What the law requires — the basics

When a person dies without a will, the court appoints an administrator who receives “letters” from the court giving authority to act for the estate. California law requires that the administrator give security (a probate bond) to protect estate assets from loss through theft, negligence, or misuse. The goal of a bond is to protect creditors and heirs while the estate is being administered.

The California Probate Code sets out the rules about when bonds are required, when they may be waived, and when the court may reduce or dispense with a bond. For the full statutory framework see the California Probate Code (search for bond or security provisions): California Probate Code (Legislature).

When can a bond be waived?

If the decedent’s will specifically waives bond, the personal representative may be appointed without posting bond to the extent the will states.
If there is no will, the court can waive bond only if all persons entitled to notice (the heirs or other interested persons) sign a written waiver of bond and the court approves that waiver. In practice that means every person who has a legal interest in the estate must sign the waiver before the court typically dispenses with the bond requirement.
The court has discretion to deny a waiver if there are reasons to doubt the requested personal representative’s honesty, capacity, or if there are concerns about creditors, missing heirs, or estate complexity. The court’s priority is protecting the estate’s assets and those who may have claims.

What if not everyone agrees to waive the bond?

If even one entitled person refuses to sign a waiver, the court normally will require the bond. The court can, however, consider alternative remedies such as setting a smaller bond, ordering additional accounting, or requiring a co-administrator depending on the circumstances. These are discretionary decisions for the judge.

Are there alternatives to a traditional surety bond?

Yes. Courts generally accept several types of security:

A surety bond from an insurance company (the most common).
Property bond (real property used as security) if the court approves using specified assets as security.
Cash deposit with the court in some situations.

Which alternative is acceptable depends on the court and the estate’s situation.

Practical steps to seek a waiver or reduction of bond

Identify all persons entitled to notice (heirs, beneficiaries, creditors). The court clerk can help identify who must be notified.
Have every interested person sign a written waiver of bond. Use the form or format the court requires — local courts often have preferred or required language.
File the petition for appointment (petition for probate/letters of administration) and attach the signed waivers, along with a proposed order asking the court to waive or reduce the bond.
Be prepared to show the court the estate’s approximate value, expected liabilities, and why waiving/reducing the bond is safe for creditors and heirs.
If the court denies the waiver, be ready to obtain a bond (usually via a surety company) or discuss alternative security with the court.

When might the court insist on a bond even with waivers?

The court may require a bond (or refuse to accept waivers) when there are: missing or unknown heirs, potential creditor claims, a complex estate, a proposed personal representative with a history of financial problems, or disputes among heirs. The judge has broad discretion to protect the estate and its beneficiaries.

Helpful resources

California Probate Code (official legislative text): https://leginfo.legislature.ca.gov/faces/codes.xhtml?lawCode=PROBATE
California Courts — Self-Help and general probate information: https://www.courts.ca.gov/selfhelp-probate.htm

Helpful Hints

Talk to the probate clerk early — local courts often provide guidance or forms for waivers and petitions.
Collect written waivers from every heir before filing if you want a strong chance to avoid a bond requirement.
If a heir refuses to waive, ask the court about reducing the bond or requiring alternative security rather than a full surety bond.
Get an estimate of estate value before asking for a waiver. Large estates raise more concern about waiving bond.
Consider hiring an attorney for contested matters, large estates, or complex creditor issues. Even a one-time consultation can clarify whether a waiver is realistic.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. I am not a lawyer. For advice about a specific estate or whether a bond can be waived in your situation, consult a licensed California probate attorney or the probate court in the county where the decedent lived.