Florida: Posting a Bond to Serve as Administrator of an Intestate Estate — What You Need to Know | Florida Probate | FastCounsel
Get Matched
FL Florida Probate

Florida: Posting a Bond to Serve as Administrator of an Intestate Estate — What You Need to Know

August 12, 2025 5 min read

Detailed answer

When someone dies without a valid will in Florida, the court appoints a personal representative (often called an administrator) to collect assets, pay debts, and distribute the estate to heirs. One common requirement of that appointment is a fiduciary bond — an insurance-backed guarantee that protects the estate and its beneficiaries if the personal representative mismanages estate assets.

Under Florida probate law, the probate court generally requires a bond from a personal representative unless the bond is specifically waived or reduced by statute or by court order. The rules governing appointment, qualification, and bonding of personal representatives are contained in Florida’s probate statutes (see Chapter 733 of the Florida Statutes). For general statutory guidance, see Florida Statutes, Chapter 733: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733.html.

Is a bond required for an administrator of an intestate estate?

Yes — in most routine intestate appointments the court will require a bond. The court sets the amount of the bond to reasonably protect the estate and its beneficiaries. The amount typically reflects a combination of the estate’s assets and expected income, although the court has discretion to set an appropriate figure based on what is presented to it.

When can the bond be waived or reduced?

There are two common ways a bond requirement can be avoided or lowered:

  • Waiver by will: If the decedent’s will expressly waives bond, the court normally follows that direction. This option is not available where there is no will (intestacy).
  • Waiver or reduction by agreement of interested persons and court approval: For intestate estates the court can waive or reduce the bond if all interested persons (typically all heirs and beneficiaries) agree in writing and the court determines the waiver is appropriate. The court will also consider whether there are good reasons to require a bond despite written consents (for example, potential creditor claims, disputes between heirs, or risk of asset dissipation).

In practice, if you are the proposed administrator and every heir signs a verified waiver or consent asking the court to appoint you without a bond (or with a lower bond), most probate judges will grant the request unless there are other red flags. For a summary of small-estate options that sometimes avoid formal administration and bonding, see Florida’s statutes on disposition of property without administration (Chapter 735): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/0735.html.

What alternatives exist to posting a surety bond?

  • Written waivers from all heirs and interested persons filed with the court.
  • Court-ordered reduction of the bond amount (the court can set lower security if it finds reasons appropriate).
  • Other forms of security approved by the court (for example, depositing cash or having certain accounts frozen until distribution).
  • Obtaining a surety bond through a bonding company — this is the most common practical route when a bond is required and heirs will not or cannot waive it.

Practical points for a family member who will serve as administrator

  • If you expect to be appointed, identify all heirs early and ask whether they will sign a waiver of bond. Coordinated waivers are the fastest path to avoiding bond costs.
  • If one or more heirs refuse to waive bond, budget for the cost of a surety bond. Premiums vary based on the estate size and bond amount and depend on the bonding company and the proposed personal representative’s credit/history.
  • If the estate is small, check whether summary procedures under Chapter 735 (disposition without administration or summary administration) apply. Those procedures can eliminate the need for formal administration and bonding in some cases.
  • Bring a proposed inventory or at least an estimated statement of estate assets to your first probate hearing so the court can set an appropriate bond amount if one is required.
  • Consider talking with a probate attorney early. An attorney can prepare the waiver forms, advise on bond alternatives, and petition the court for a reduction or waiver where appropriate.

Helpful hints

  1. Start by obtaining a certified copy of the death certificate and a preliminary list of assets and debts. The court needs this information to set bond and supervise administration.
  2. Ask all heirs to sign a written waiver or consent if they are comfortable doing so. Have the waiver drafted or reviewed by counsel or the clerk’s office to ensure it meets the court’s requirements.
  3. If a bond is required, contact several surety companies or insurance agents to compare premiums and bonding terms — prices vary and some companies specialize in probate bonds.
  4. Keep records. Even when bond is waived, a personal representative remains a fiduciary and must keep accurate records, inventories, and accountings. Failure to do so can lead to personal liability.
  5. If one heir objects to waiving bond, try mediation or a frank family discussion before court. Courts respect agreements among heirs but also intervene when conflicts suggest protection is needed.

Where to look in the statutes

Key Florida probate rules about appointment and duties for personal representatives are in Chapter 733 of the Florida Statutes. Small-estate and summary-administration processes that may avoid formal bonding are in Chapter 735. See:

Next steps

If you expect to be appointed administrator for your mother’s intestate estate in Florida:

  • Collect asset information and gather heirs’ contact information and written consents if possible.
  • Contact the probate clerk in the county where your mother lived for local forms and filing requirements.
  • Decide whether to seek a formal waiver from all heirs, or obtain a surety bond if waivers are not feasible.
  • Consider consulting a probate attorney to prepare filings, advise on bond alternatives, and protect you from future liability.

Important disclaimer

This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For legal advice about a specific situation, consult a licensed Florida attorney who handles probate matters.

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.