Massachusetts Administrator & Executor Bond

Probate Bonds From $100 – Set by the Court

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A Massachusetts executor bond or Massachusetts administrator bond — under the Massachusetts Uniform Probate Code, a personal representative's bond — works differently than in most states: under M.G.L. c. 190B § 3-601, every personal representative files a bond with the Probate and Family Court to qualify for appointment. The question is whether sureties are required on it — and under § 3-603 they are, unless the will waives them, all heirs or devisees waive them in writing, or the court excuses them. When sureties are required, a corporate surety bond is the answer. Premiums start at $100 and are paid from estate funds.

Massachusetts Probate Bond Pricing

Premiums are a small percentage of the required bond amount and are paid from estate funds. Sample pricing for qualified applicants:

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Executor, Administrator, or Trustee — Which Massachusetts Probate Bond You Need

All three cover a fiduciary who manages estate or trust assets. Massachusetts adopted the Uniform Probate Code in 2012, so both executors and administrators are now the “personal representative,” qualified through a bond filed on court form MPC 801. Which situation applies depends on how you were appointed:

Why Does the Massachusetts Probate and Family Court Require a Bond?

Probate in Massachusetts is governed by the Massachusetts Uniform Probate Code, M.G.L. c. 190B, and handled by the Probate and Family Court, which sits in 14 divisions — one per county. When a person dies, someone must be appointed to pay the estate's debts and distribute what remains to the rightful heirs and devisees. That personal representative controls assets that belong to other people, and the bond is the financial safeguard against mismanagement. Under § 3-606, the bond runs to the first justice of the appointing court for the benefit of interested persons, conditioned on faithful performance, with sureties jointly and severally liable and subject to the court's jurisdiction.

The protection is also on demand: under § 3-605, any interested person — or any creditor with a claim over $5,000 — may file a written demand that the personal representative give sureties. Once the demand is filed and notice served, the representative may act only to preserve the estate until sureties are furnished, and failure to provide acceptable sureties within 30 days is cause for removal. Banks and trust companies qualified to exercise trust powers in Massachusetts are exempt from the surety requirement. If the representative causes a loss, valid claims are paid from the bond, and the representative must reimburse the surety. The bond protects the estate, not the representative.

How Your Bond Amount Is Set — and How to Reduce It

Massachusetts uses a sworn-statement approach: under M.G.L. c. 190B § 3-604, if the will or a court order does not fix the amount, the personal representative files a statement under oath of the best estimate of the value of the personal estate, and the bond is set in that amount. You state the figure from the estate's inventory values rather than waiting for a judge to pick a number — though the court reviews and can adjust it.

The statute builds in a premium-saver for larger estates: the court may reduce the bond by the value of estate assets deposited with a domestic financial institution — a bank, trust company, savings bank, or credit union — in a manner that prevents their unauthorized disposition. And on petition of the personal representative or any interested person, the court may increase or reduce the bond, release the surety, or permit substitution of another bond.

Informal vs. Formal Probate in Massachusetts

Massachusetts offers two probate tracks, and the bond is filed in both. Informal probate is the fast track, handled by a magistrate at the Registry of Probate for uncontested estates. Formal probate goes before a judge for litigated or complex matters — and there the court may require sureties on its own motion. Small estates (personal property up to $25,000 plus one vehicle, no real estate) can use voluntary administration, where a voluntary personal representative serves without a surety bond. The case is filed in the division for the county where the decedent lived; the directory below lists all 14 divisions with website, phone, and mailing address.

How To Get Your Massachusetts Probate Bond

1. Get appointed and confirm whether sureties are required. Determine under M.G.L. c. 190B § 3-603 whether the will or unanimous heir/devisee waivers excuse sureties. If sureties are required, your bond amount is your sworn best estimate of the personal estate's value under § 3-604.
2. Request your quote. Apply online or call with your court documentation. For most standard estates we can quote from the bond amount alone; larger or more complex estates may involve a review of the will and the applicant's credit.
3. Complete the short application. Provide the personal representative's information and the estate details.
4. File your bond and receive your letters. We execute the corporate surety bond — filed with court form MPC 801 — with the surety's Power of Attorney attached so you can file it with the Register of Probate. The court then issues your letters, and you can begin settling the estate.

Bond Details at a Glance

• Bond Name: Massachusetts Executor Bond / Massachusetts Administrator Bond (Personal Representative's Bond)
• Also Known As: Probate bond, fiduciary bond; filed with court form MPC 801
• Bond Amount: The personal representative's sworn best estimate of the personal estate's value, unless fixed by the will or court order; reducible by restricted deposits (M.G.L. c. 190B § 3-604)
• Starting Premium: $100 for a $10,000 bond; paid from estate funds
• Obligee: The first justice of the appointing Probate and Family Court, for the benefit of interested persons (§ 3-606)
• Governing Law: M.G.L. c. 190B — § 3-601 (bond filed to qualify), § 3-603 (when sureties required), § 3-604 (amount and reduction), § 3-605 (demand for sureties)
• Waiver: Sureties waived by the will, by written waiver of all heirs or devisees, for qualified banks and trust companies, or when the court finds sureties unnecessary — the bond instrument itself is always filed
• Court: Probate and Family Court — 14 divisions, one per county; the Register of Probate receives the filing
• Attorney Required: No

Frequently Asked Questions

What is a Massachusetts administrator or executor bond?
A personal representative's bond filed with the Massachusetts Probate and Family Court under M.G.L. c. 190B § 3-601. Every Massachusetts personal representative files a bond to qualify — when sureties are required on it, a corporate surety bond guarantees faithful performance and protects the estate's heirs, devisees, and creditors.

Can the bond be waived?
The bond instrument itself is always filed — what can be waived are the sureties. Under § 3-603, sureties are excused when the will directs no bond or waives sureties, when all heirs (no will) or all devisees (will) file written waivers, when a qualified bank or trust company serves, or when the court concludes sureties are not in the estate's best interests.

Do administrators need a bond in Massachusetts?
Typically, yes — with sureties. When there is no will, the default surety requirement applies unless every heir files a written waiver. And any interested person, or a creditor owed more than $5,000, can demand sureties at any time under § 3-605; failure to furnish them within 30 days is cause for removal.

How much does a Massachusetts probate bond cost?
Premiums start at $100 for a $10,000 bond and scale with the bond amount — $135 at $25,000, $260 at $50,000, $460 at $100,000, and up. The premium is paid from estate funds.

How is the bond amount determined?
Unless the will or a court order fixes it, you file a sworn statement of your best estimate of the personal estate's value under § 3-604, and the bond is set in that amount. The court reviews the figure and can adjust it.

Can the amount be reduced?
Yes. The court may reduce the bond by the value of estate assets deposited with a Massachusetts financial institution under restrictions preventing unauthorized disposition, and may otherwise increase, reduce, or permit substitution of the bond on petition.

Which Massachusetts court handles probate?
The Probate and Family Court, which has 14 divisions — one per county. Informal probates are handled by a magistrate at the Registry of Probate; formal probates go before a judge. Small estates may qualify for voluntary administration with no surety bond.

What happens if a claim is filed against the bond?
The surety pays valid claims — from mismanagement, fraud, or failure to follow the will or Massachusetts law — up to the bond's penalty, with successive recoveries allowed until it is exhausted, and the personal representative must reimburse the surety in full. The bond protects the estate, not the representative.

Massachusetts Probate Court Directory

Probate in Massachusetts is handled by the Probate and Family Court's 14 divisions — one per county. Find your county below for the division's website, phone number, and mailing address.

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