Q: Can you avoid getting a probate bond without a will?
My mother passed away recently, and she didn't have a will. I contacted an attorney to take care of her estate, and I'm getting the death certificates he needs.
He told me that since she didn't have a will, I'd have to get a bond. The problem is I don't have the money to pay for a bond. Is there a way to avoid having to get a bond?
A:
Probate court rules can vary from county to county, but in your situation, a "family agreement", which usually deals with matters of both distribution and procedures, would be a good place to provide that you are to be the personal representative and that you are to serve without bond (your expenses as Administrator, as well as some amount of fee, is commonly allowed to be paid by the Estate; consequently, an agreement signed by all beneficiaries at law, e.g., the family, will increase their distributions by lowering the Administrator's expenses).
A family agreement, in writing, should also obviate any contest of your appointment as personal rep, as well as to amount and timing of distributions, payment of debts, etc.
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