Massachusetts Personal Representative Bond

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Bond Penalty: Equal to Decedent's Personal Property Value

A Massachusetts personal representative bond is require pursuant to the Massachusetts Uniform Probate Code (MUPC) unless a specific waiver is granted by the Probate and Family Court. Procedures and instructions for navigating the probate process is available on the Estate Hub. Per Massachusetts Code, "An executor or administrator (personal representative) with the will annexed is exempt from the surety bond requirement if the deceased declared such exemption. All the persons interested in the estate must be of full age and legal capacity and certify to the probate court their consent to the waiver. This does NOT included creditors. A waiver will be granted only after the applicant has noticed all creditors of the estate and any guardian or conservator of any person under disability (Sec. 4, MAC 2006).

The Massachusetts administrator bond must contain a fixed penalty (bond amount) or the surety's liability is unlimited. "The penal sum must equal the amount of the personal property (dollar for dollar)." Per MUPC at § 3-603, " a magistrate may approve a personal representative bond in any amount that meets the statutory requirements as the sufficiency of sureties is never determined by the magistrate. The court retains the right to require additional sureties in a formal proceeding." The Administrative Office of the Probate and Family Court provides a Guide to Estate Administration Practices & Procedures in the Probate and Family Court which you may access here.

  • A Guide to Estate Administration Practices & Procedures in the Probate and Family Court

    • The state approved Massachusetts administrator bond and miscellaneous forms are required for all filings. The P&F Court offers a portal where those documents may be found.

    Underwriting of fiduciary bonds requires review by a surety specialist with knowledge of the codes that regulate the activity of personal representatives in the jurisdiction where the bond will be filed. Massachusetts surety bond leader, Surety One, Inc., specializes in this class of surety bond. We offer these in all fifty states, Puerto Rico, Canada and U.S. Virgin Islands. Application submissions are reviewed and quoted on the same day as they are received. We are the MOST RESPONSIVE surety bond underwriter in the business. Call (800) 373-2804, email us at Underwriting@SuretyOne.com or chat with us live here about your Massachusetts personal representative bond need.

    Surety bond application review and quoting are free of charge. There is no obligation to purchase.

    What We Need From You

    Additional Attachments

    • Copy of court documents.

    Obligee's Bond Form