Iowa — Posting a Bond to Serve as Administrator of an Intestate Estate

Usually yes. Under Iowa probate law, a personal representative appointed to administer an intestate estate generally must give a bond (a surety) to protect the estate and its heirs. However, the court can sometimes waive the bond in specific circumstances—for example, when heirs agree, when the court finds the bond unnecessary, or when the estate qualifies for simplified or small‑estate procedures. For the governing framework see Iowa Code chapter 633: Iowa Code, Chapter 633.

Why Iowa usually requires a bond

The probate court requires a bond because the personal representative will control and distribute estate property. The bond protects the estate and the heirs if the administrator mismanages assets, fails to account, or commits fraud. The court fixes the bond amount to match the size and risk of the estate, and it usually requires a licensed surety company or other acceptable surety.

When the court can waive or reduce the bond

The court has discretion to waive or reduce the bond requirement in certain situations. Common situations where the court may consider waiver or reduction include:

• The decedent’s will expressly waived bond (applies to executors named in a will; for an intestate estate there is no will to waive bond, so this route is not available).
• All adult heirs with present interests in the estate sign written waivers consenting to appointment without bond or consenting to a reduced bond amount.
• The court determines that a bond is unnecessary because estate assets are minimal, are secure (for example, held in an insured account), or are adequately protected by other means.
• The estate qualifies for simplified or small‑estate procedures that eliminate full administration or appoint a representative without a bond (see Iowa small‑estate and simplified probate rules).

How to ask the court to waive or reduce the bond

If you want to be appointed administrator without posting a bond, you typically must:

1. File a petition for appointment of administrator with the probate court in the county where the decedent lived.
2. Include a written request that the court waive or reduce bond and explain why (for example, all heirs consent or the assets are minimal).
3. Attach signed waivers or consents from heirs if available. The court gives weight to unanimous written consent by heirs with present distributive interests.
4. Be prepared to show the court evidence about estate assets and why a bond is unnecessary (bank statements, appraisal summaries, or other documentation).
5. Attend the hearing; the judge will decide whether to require a bond and set the amount or waive it.

Special procedures and small estates

Iowa provides streamlined procedures for very small estates or for simple transfers that may avoid a full administration and its bond requirements. If the estate qualifies for a small‑estate affidavit or simplified probate, a nonbonded appointment or direct transfer may be possible. See the Iowa Judicial Branch probate/self‑help pages for information and forms: Iowa Courts — Probate Self Help, and consult Iowa Code chapter 633 for formal probate rules: Iowa Code, Chapter 633.

Bond amount, surety, and cost

The court sets the bond amount based on the estate’s value and the anticipated fiduciary duties. The bond typically must be issued by a licensed surety company. The administrator pays the bond premium (a percentage of the bond amount). If you can’t afford a surety, courts sometimes accept other security (cash deposit or other approved security), or they may reduce the bond when justified.

Consequences of not posting a required bond

If the court requires a bond and you do not post one, the court will not appoint you as administrator (or it may appoint someone else who will post bond). If you act as if appointed but without court authority or without the bond required, you risk personal liability for estate losses.

Practical next steps

1. File your petition for appointment as administrator in the proper Iowa probate court (county of decedent’s residence).
2. Collect and present evidence about the estate’s assets and heirs.
3. If heirs agree to waive bond, get signed written consents and provide them to the court with your petition.
4. If you need to post bond, contact an insurance agent that issues fiduciary bonds or ask the probate clerk for local surety recommendations.
5. Consider consulting a probate attorney if the estate is large, complex, or if heirs disagree about bond or appointment.

Where to read the law and forms

Primary statutory guidance for probate administrators is in Iowa Code chapter 633: https://www.legis.iowa.gov/docs/code/633.pdf. For practical forms and step‑by‑step help from the courts, see the Iowa Judicial Branch probate self‑help materials: https://www.iowacourts.gov/iowa-courts/self-help/probate/.

Disclaimer

This information is educational only and not legal advice. I am not a lawyer. Laws change and specific outcomes depend on the exact facts. For help applying these rules to your situation, contact a probate attorney licensed in Iowa.