Detailed Answer

Under Kansas probate practice, the probate court commonly requires a fiduciary bond from someone appointed to serve as administrator of an intestate (no-will) estate. A bond protects the estate and its creditors and heirs by ensuring the fiduciary will properly account for and manage estate assets. The court sets the bond amount based on the value and nature of the estate, and the administrator either purchases a surety bond from a bonding company or posts other approved security.

However, a bond is not always mandatory. Kansas law gives the court discretion to waive or reduce bond in appropriate circumstances. A common route to avoid a bond is for all interested persons (heirs and other parties with formal notice rights) to sign and file written waivers of bond with the probate court. Even when all heirs sign waivers, the judge still may require a bond if the judge finds the bond is necessary to protect creditors or the estate.

Practical rules to know:

• If the decedent left a will that specifically waives bond for the nominated executor, the court will often accept that waiver unless the court has reason to protect the estate.
• In intestacy (no will), there is no automatic statutory waiver; waivers must be created by the interested persons and filed with the court, or the court must otherwise order a waiver.
• The probate court has the final say. The judge can require a bond despite unanimous waivers when circumstances (missing heirs, disputes, substantial unsecured debts, minors or incapacitated beneficiaries, or other risk factors) justify it.

For the controlling statutory framework and general probate rules, see the Kansas Probate Code (Chapter 59) on the Kansas Legislature website: Kansas Statutes, Chapter 59 (Probate Code). Specific bond and fiduciary rules appear throughout Chapter 59 and the court’s local probate rules.

How to ask the court to waive a bond (practical steps)

1. Identify all interested persons: heirs, spouse, children, and known creditors who must receive notice.
2. Obtain written waivers: everyone entitled to notice should sign a clear written waiver of bond. Use plain language stating they waive the requirement that the proposed administrator post bond.
3. File the waivers with the probate court when you open the estate or at the time you submit the application for letters of administration.
4. Prepare a short affidavit or cover letter explaining why a waiver is appropriate (small estate, full agreement among heirs, lack of creditors, close family relationships, etc.).
5. Be ready for the court to require a bond anyway—bring bond quotes or be prepared to post a bond if requested.

When the court is likely to insist on a bond

• There are known or likely creditors or unresolved debts.
• Some heirs are minors, incapacitated, unknown, or living out-of-state and unavailable to sign waivers.
• Heirs or potential beneficiaries are in disagreement or there is a pending dispute.
• The estate holds significant cash, business interests, or assets that are easy to misapply.
• The proposed administrator has a history of financial problems or criminal convictions that affect trustworthiness.

Helpful Hints

• Talk to the probate clerk early. Clerks often explain local practice about bonds and provide forms or templates for waivers.
• Compare bond costs from commercial surety companies before assuming waiver is cheaper. Small estates sometimes find bond premiums modest compared with potential delays.
• Keep records and inventories. A clear estate inventory and regular accountings make a waiver more persuasive to the court and protect the administrator later.
• Get waivers in writing and file them promptly. Oral agreements are rarely enough for the court.
• If some heirs refuse to waive bond, consider whether a reduced bond or limited surety (bond limited to certain assets) could work as a compromise.
• Consider hiring a probate attorney if the estate has complex assets, disputes, or significant creditor exposure—an attorney can explain likely outcomes and help draft waivers and filings.