Do I have to post a bond to serve as administrator of an intestate estate in Kentucky?

Short answer: In Kentucky, probate courts generally require an appointed administrator to give a fiduciary bond to protect the estate. The court can waive that bond, but only with proper legal steps — typically either by written waiver signed by all persons entitled to share in the estate or by an order of the court based on the circumstances. Whether a waiver will be allowed depends on the county court’s rules, the size and nature of the estate, and whether interested persons consent.

Detailed answer — what you need to know

This section explains how Kentucky probate courts typically handle bonds for administrators when there is no will (an intestate estate). The descriptions below are general and reflect common practice under Kentucky probate procedures. Always check local court rules and consult an attorney or the probate clerk for county-specific processes.

Why courts require a bond

A fiduciary bond is a form of insurance or security that protects the estate and its beneficiaries against loss from an administrator’s misconduct, mistakes, or default in duties. The bond is for the benefit of creditors and heirs and gives the court and interested persons a remedy if estate assets are mishandled.

Default rule: bond required

When someone is appointed administrator of an intestate estate, the court normally requires that person to execute a bond before assuming broad fiduciary powers (collecting assets, selling property, paying debts, distributing to heirs). The clerk or judge will set the bond amount based on the estimated value of estate assets and liabilities.

When a bond can be waived

Kentucky practice allows a bond to be waived in some situations, but waiver is not automatic simply because the family or heirs agree verbally. Typical ways a bond is waived include:

Written waiver signed by all persons entitled to share in the estate: courts commonly accept a written and notarized waiver in which every beneficiary or heir expressly consents to dispense with a bond.
Court dispensation: the court may order bond reduced or dispensed with where justice requires it — for example when the administrator is the sole beneficiary and there is no creditor risk, or when assets are minimal and easily safeguarded.
Statutory small-estate procedures or simplified administration: some estates qualify for simplified procedures that either obviate the need for full administration or impose lower bond requirements.

Even when a unanimous waiver exists, the judge has discretion to require a bond if the judge believes a bond is necessary to protect the estate or creditors. Conversely, a county clerk may have local forms and practices that permit filing a blanket waiver that the clerk will accept for appointment.

How to seek a waiver

Collect written waivers: obtain a signed, dated, and notarized waiver from every person legally entitled to share in the estate. Include clear language referencing the estate, the decedent, and the name of the proposed administrator.
File the waiver with the probate clerk: submit the waiver with the petition for appointment. The clerk will place it in the file and the judge will consider it at appointment.
Ask the court for an order: if the court requires, request a court order dispensing with the bond. Provide evidence (waivers, estate inventory, creditor situation) to support the request.

Alternatives to personal bond

If a bond cannot be waived, the administrator usually has options:

Surety (insurance) bond: purchased from a bonding company; common and typically required by the clerk.
Cash or property deposit: posting estate funds or real property as security in lieu of a surety bond if the court approves.
Personal sureties: in some counties close relatives with sufficient means may be accepted as sureties, subject to court approval.

Practical considerations

Small estates: if the estate qualifies for a small-estate affidavit or simplified procedure under Kentucky rules, you may avoid traditional administration and bond requirements. Ask the clerk whether your estate qualifies.
Creditor concerns: bond waivers do not stop creditors from making claims — waivers primarily protect beneficiaries and the estate’s assets. Courts will weigh creditor exposure when deciding on waiving bonds.
Local practice varies: county clerks and judges control local procedures. Some counties have standardized waiver forms or specific bond schedules.

Where to look for Kentucky law and forms

For statutes, current rules, and the exact wording that may govern bonds and administration, check the Kentucky Revised Statutes and local probate rules. Useful official resources include:

Kentucky Revised Statutes and statute search: https://apps.legislature.ky.gov/statutes/
Kentucky Court of Justice (general probate information and local contact info): https://kycourts.gov

Because statutes and local procedures are detailed and change from time to time, review the applicable provisions and local rules or ask the probate clerk in the county where the decedent lived.

Next steps — checklist before you proceed

1. Contact the probate clerk in the decedent’s county to learn the local process and required forms.
2. Determine the estate size and whether it qualifies for simplified/small-estate procedures.
3. Collect signed, notarized waivers from all heirs if you plan to ask for a bond waiver.
4. If a bond is required, get quotes from surety companies or discuss alternatives (cash deposit, personal surety) with the clerk and judge.
5. Consider consulting a probate attorney if the estate is sizable, has creditors, or heirs may dispute the appointment or a waiver.

Helpful Hints

Do not rely on a verbal family agreement. Courts require written, properly executed waivers or an order.
Get everything in writing and notarized. A signed waiver that is not notarized may be rejected by the court.
Ask the clerk for local waiver and appointment forms — counties often provide fillable forms that speed processing.
If you are both administrator and a principal beneficiary, courts may be more willing to waive bond, but expect the court to scrutinize the request.
Compare the cost of a bond to the time and expense of obtaining waivers. For modest estates, a surety bond may be inexpensive and the fastest path to appointment.
If creditors are likely, plan for a bond. A waiver will not prevent creditors from asserting claims and the court favors protection of creditors’ rights.
When in doubt, consult a local probate attorney for guidance tailored to your county and facts.