Administrator Bond (Estate Without Will)

Yes, the Illinois circuit court may waive the administrator bond requirement under 755 ILCS 5/12-4 based on factors like estate size, fiduciary reliability, or if certain trusted representatives are serving. The court has discretion to approve waivers on a case-by-case basis. However, the default requirement is that a bond must be filed before letters of administration are issued.

An administrator bond is required when someone dies without a valid will (intestate), and the circuit court appoints an administrator to manage the estate. An executor bond is required when someone dies with a will that names an executor. Both serve the same purpose—protecting heirs and creditors—but apply to different probate situations. The bond requirements, amounts, and filing process are nearly identical under Illinois Probate Act 755 ILCS 5/.

The Illinois circuit court sets the administrator bond amount at 150% of the estate's personal property value under 755 ILCS 5/12-5. For example, if the estate has $100,000 in personal property, the bond would be $150,000. The amount may be adjusted to 200% if the administrator acts as individual surety, or modified if the administrator controls real property or deposits assets with the court.