Connecticut: When an Administrator Must Post a Probate Bond and When the Court Can Waive It | Connecticut Probate | FastCounsel
CT Connecticut

Connecticut: When an Administrator Must Post a Probate Bond and When the Court Can Waive It

Do you have to post a bond to be administrator of an intestate Connecticut estate, and can the court waive it?

Short answer

Under Connecticut law, a probate bond is normally required when the court appoints an administrator for an intestate estate. The bond protects the estate, creditors, and heirs against mismanagement or loss. The probate court can, however, reduce or waive the bond in appropriate cases—for example, when all interested parties consent in writing, when the court finds a waiver is in the estate’s best interest, or where state procedures for small estates apply. To change the usual requirement you must ask the probate court and follow the court’s procedures.

Detailed answer — what Connecticut law generally requires

When a person dies without a will (intestate) the probate court appoints an administrator to collect assets, pay debts and distribute what remains to heirs. Connecticut’s probate statutes and local court rules govern who must post a bond and under what conditions a bond may be reduced or waived. For general probate law in Connecticut, see the statutes and probate court information:

Key points to understand:

  1. Default rule: bond is required. The probate court typically requires an administrator to execute a surety bond. The bond amount commonly equals the estimated value of the estate assets the administrator will handle. The purpose is to reimburse the estate if the administrator misappropriates or loses funds.
  2. How the amount is set. The court determines the bond amount based on the estate’s assets and liabilities. The bond must usually be obtained from a licensed surety company or written as a cash bond when permitted by the court.
  3. Who can be exempted or have reduced bond. The court may permit a reduction or waiver in certain situations, including when all interested parties (heirs and other interested persons) consent in writing, or when the court finds that a waiver or reduction is proper to protect the estate and its beneficiaries. The exact proof and form of consent required are matters the probate court will set in each case.
  4. Small-estate or simplified procedures. Connecticut provides summary administration pathways for certain small estates or limited circumstances. These procedures sometimes reduce or eliminate bond requirements. Whether your mother’s estate qualifies depends on asset type and value and on whether creditors and other legal formalities apply.
  5. Court discretion and oversight. Even when heirs agree to waive bond, the probate court retains discretion to require some level of bond if the court believes it is needed to protect creditors or others with an interest in the estate.

Because the rules and application vary with facts (size and composition of the estate, creditor claims, and the wishes of heirs), you must petition the local probate court to learn the court’s likely approach for your situation.

How to request a waiver or reduction of bond in Connecticut

If you want the court to waive or lower the bond requirement, take these practical steps:

  1. Prepare a petition for appointment as administrator (the court provides forms and instructions). Include a proposed inventory or estimate of estate assets.
  2. Get written consents or waivers from all heirs and interested persons, if possible. The probate court will want to see that parties with direct financial interest agree to the waiver or reduction.
  3. File a motion or written request with the probate court asking for a bond waiver or reduction, supported by the consents and relevant facts (e.g., small estate value, lack of creditors, or close family relationships/trustworthiness).
  4. Be prepared for the court to require an accounting, additional safeguards, limited bond, or even a cash bond if the court is unsure.
  5. If the court denies the waiver, you can obtain a bond through a surety company (a surety/bondsman can provide quotes and explain costs). The court will not allow you to act as administrator without posting the required bond or being otherwise relieved of the requirement by court order.

Common factual situations and likely outcomes

  • Small estate with only a few bank accounts and no creditors: The court may allow a reduced or waived bond if heirs consent and the amounts are modest.
  • Estate with real estate, business interests, or disputes among heirs: The court usually requires a full bond to protect the estate from mismanagement.
  • All heirs are close family members and sign written waivers: Courts often accept waivers, but may still require a limited bond if creditors exist or the estate carries risk.

Helpful hints — preparing to ask the Connecticut probate court for a waiver or reduced bond

  • Gather a complete list of known heirs and potential creditors before you petition the court.
  • Prepare a simple inventory (bank balances, real property, vehicles, personal property) with estimated values to help the court set an appropriate bond (or justify a reduction).
  • Ask heirs to sign written waivers or consents and have them notarized if the court prefers it.
  • Contact the local probate court clerk early to get exact forms, fee schedules, and local practice for bond waivers.
  • If you need a bond, contact licensed surety companies or insurance agents for quotes — cost depends on bond amount and your credit/history.
  • Consider consulting a probate attorney if the estate is large, has contested heirs, or includes business interests or tax issues.
  • Keep clear records and be ready to provide periodic accountings; this lowers the court’s concern and may make waivers more likely in future matters.

Next steps

Contact your local Connecticut probate court to get the exact forms and procedures for your county and to learn what the judge will require. For general statute information, review Connecticut’s Title 45a online and the Judicial Branch Probate pages:

Disclaimer: This information is educational only and is not legal advice. It summarizes general Connecticut probate practices. Rules and outcomes depend on the facts and local court practices. If you need advice about a specific estate, consider speaking with a probate attorney or contacting the probate court.

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.