Do you have to post a bond to serve as administrator of an intestate (no-will) estate in Illinois?

Short answer: Usually yes — the probate court will expect the person appointed as administrator to give a fiduciary bond unless the court is satisfied the bond can be waived. Under Illinois probate law, the court has authority to require a bond sized to protect the estate. However, the requirement can be waived by the interested parties in many cases, and some limited or simplified procedures may avoid a bond altogether. The court always retains discretion to require a bond if it deems one needed to protect creditors or beneficiaries.

How the law works (plain English)

The Illinois Probate Act gives the court authority to require a bond from anyone appointed to act for the estate (an administrator when there is no will). A bond is a kind of insurance that guarantees the administrator will properly collect, manage, and distribute estate assets. If the administrator mismanages the estate, harmed parties can make a claim against the bond.

Parties with a legal interest in the estate (adult heirs, creditors in some situations, and others the statute lists) can typically waive the bond requirement in writing and file that waiver in the probate case. If all interested parties of legal age sign a valid written waiver and the court is persuaded that creditors and other parties are adequately protected, the court often will admit the administrator without bond.

When the court will still require a bond despite a waiver

• If the court believes the estate faces significant creditor claims, unknown assets, or fraud risk.
• If some interested persons contest the appointment or object to the waiver.
• If the proposed administrator has a conflict of interest, a history of fiduciary problems, or the court otherwise doubts that a waiver leaves the estate protected.

Other practical points

• Bond amount: The court sets the bond amount. It is often keyed to the estate’s expected value plus potential income that will pass through the fiduciary. The court may require a corporate surety (an insurance company) or other approved sureties.
• Effect of no bond: A person admitted without giving bond still cannot exercise probate powers unless and until the court issues letters of office. If the court refuses to waive bond and the appointee won’t post bond, the court will appoint someone else or require special arrangements.
• Simplified/small estate procedures: Illinois provides alternatives (small‑estate procedures and similar informal collections) that sometimes let heirs collect certain assets without full probate or without posting a bond. Whether those apply depends on the kind and value of assets and the type of account or property involved.

Where to read the law

Illinois statutes governing probate and fiduciary bonds are in the Illinois Probate Act (commonly cited as 755 ILCS 5/). You can read the Probate Act and the specific bond provisions on the Illinois General Assembly website: Illinois Compiled Statutes — Probate Act (755 ILCS 5/). The court has discretion, so look for the sections on appointment of administrators and bonds within that Act.

Typical steps to try to waive a bond

1. Talk to all persons who are entitled to notice (adult heirs and other interested parties) and get their written, signed waivers that specifically say they waive the bond requirement and agree to the appointment.
2. Attach those waivers to your petition for appointment (Petition for Letters of Administration) filed with the county circuit court where the decedent lived.
3. At the hearing, present the waivers and explain why the estate is not at risk (e.g., low asset value, no known creditors, parties agree on distribution).
4. If the judge accepts the waivers and has no other reason to require protection, the judge may admit the administrator without bond and issue letters of office.

When to expect the court to refuse a waiver

Expect the court to refuse a waiver and require a bond when estate assets are significant, when unknown creditors are likely, when heirs are missing or minors, or when there are disputes among heirs. The court’s primary duty is to protect the estate’s creditors and beneficiaries.

What to do next

If you are considering acting as administrator and want to avoid posting a bond, start by getting clear written waivers from all interested adult parties, disclose the known assets and liabilities, and ask the clerk for local probate practice rules. Because procedures and local practice vary, consider a brief consultation with a probate attorney to review your petition and waivers before you file.

Helpful Hints

• Get waivers in writing and have them notarized when possible. That reduces objections at the hearing.
• List all known assets and creditors in the petition. Full disclosure makes a judge more comfortable waiving a bond.
• Ask the court clerk for local forms and any bond‑waiver checklist your county uses.
• If an heir is a minor or legally incapacitated, the court will likely require a bond or special protective steps despite waivers from other parties.
• Consider whether an executor named in a will (if one appears later) or a corporate surety bond makes sense if you want to avoid posting personal collateral.
• Explore simplified collection rules or transfer‑on‑death designations if the estate is small — those can avoid full probate and a bond requirement.
• If disagreements are likely, filing for a modest bond now can avoid later litigation and claims against you personally.
• When in doubt, consult a probate attorney for the county where the decedent lived; a short consult can save time and risk.