Detailed Answer

When a Kansas probate court appoints someone to serve as the administrator of an intestate estate, the court will ordinarily require that person to post a fiduciary bond. The bond protects the estate’s creditors and heirs by providing financial recourse if the administrator mismanages estate assets, breaches duties, or fails to account for property.

What the bond covers and typical amount

A probate bond is a guarantee that the administrator will properly collect, preserve, and distribute estate assets. Courts commonly set the bond amount to cover the value of the estate’s personal property plus anticipated income or rent during administration. The precise number depends on the county court’s review of the estate inventory and estimated exposure.

Who provides the bond

The administrator may secure the bond through a commercial surety company (the most common method), by depositing cash with the court, or by providing other acceptable security (for example, pledging real property). The court decides which form of security it will accept.

When the bond requirement can be waived or reduced

The court has discretion to waive or reduce the bond in certain situations. Common circumstances that may support waiver or reduction include:

• All heirs or interested persons sign a written waiver or consent to waive the bond. Courts give weight to unanimous written consent from those who have a legal interest in the estate.
• The prospective administrator is the sole heir or beneficiary and there is no reasonably foreseeable creditor exposure.
• The estate has little or no personal property (for example, an estate that consists only of a paid-off home with no cash or personal property), and the court finds a bond unnecessary to protect interests.
• The administrator proposes acceptable alternative security (such as a cash deposit or encumbrance on real property) and the court approves that alternative in place of a commercial surety bond.
• The court finds other good cause to reduce or waive the bond after considering the estate’s size, creditor claims, and the proposed administrator’s relationship to the heirs.

How to ask the court to waive or reduce a bond

To seek a waiver or lower bond amount, the administrator or nominee should:

1. File a motion or petition with the county probate court asking for waiver or reduction. Use the local probate forms or the court’s required pleading format.
2. Attach a current, complete inventory or an estimate of estate assets, and state whether the estate owes debts. Be clear about whether the estate contains significant cash, investments, or receivables that might justify a full bond.
3. Include written, signed waivers or consents from all heirs and interested persons if available. The court is more likely to waive a bond when everyone with an interest agrees in writing.
4. Explain any proposed alternative security (cash deposit, real estate lien, etc.) and provide documentation showing that the alternative adequately protects the estate.
5. Attend the hearing (if the court schedules one) and be prepared to explain why a waiver or reduction protects creditors and heirs as well as a full bond would.

Practical considerations

Even if a waiver is legally possible, some heirs or creditors will resist because a bond is inexpensive relative to estate value and provides strong protection. Commercial surety bonds generally require the principal to pay a one-time premium (often a percentage of the bond amount) rather than cashing out a large sum. For that reason, courts sometimes prefer a surety bond to a waiver.

Where to find the law and local rules

Kansas probate law and court procedures govern bond requirements and waiver. You can review the Kansas probate statutes (Chapter 59) and county probate court rules for detailed statutory language and local filing practices. For statutory text and related resources, see the Kansas Revisor of Statutes chapter for probate: Kansas Statutes Chapter 59 (Probate). For county-level forms and practice notes, visit your local county probate court or the Kansas Judicial Branch at kscourts.org.

When to consult an attorney

Because probate practices and judicial discretion vary by county, and because an improper waiver can expose heirs or creditors to loss, consider consulting a Kansas probate attorney when:

• The estate has significant assets or creditor claims.
• Not all heirs agree to waive the bond.
• You plan to propose an alternative form of security instead of a commercial surety bond.
• Complex issues exist (real estate, ongoing business, income-producing property, or out-of-state assets).

Helpful Hints

• Before filing, gather a clear list of assets and likely debts to show the court the estate’s exposure.
• If heirs are willing to waive the bond, get signed written waivers from each interested person and attach them to your petition.
• Compare the cost of a commercial surety bond premium to the hassle and risk of seeking a waiver—sometimes paying the premium is faster and less contentious.
• Ask the probate clerk about local rules and any standard forms for bond reduction or waiver petitions—procedures vary by county.
• If you propose cash or real property as alternative security, bring documentation proving the asset’s value and clear title or liquidity.
• Keep careful records and file inventories and accountings as required. Even with a waived bond, the administrator owes strict duties to the estate and its heirs.