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District of Columbia Probate Bond Requirements
Support GuideDistrict of Columbia13 min read

District of Columbia Probate Bond Requirements

D.C. personal representatives post a bond unless the will or a written waiver excuses it. Who can demand one, how it is sized, and who is exempt.

By Settled Editorial

In the District of Columbia, a personal representative must file a bond to the District of Columbia, backed by a surety the court approves, unless the decedent's will or a written waiver from the interested persons excuses it (D.C. Code § 20-502(a)). The bond protects the estate's heirs, legatees and creditors. Anyone with more than $1,000 at stake in the estate can demand a bond in writing, even after a waiver (D.C. Code § 20-502(a-1)).

This guide covers who must post a bond, how the will or the interested persons can excuse it, who can still demand one, how the court sets the amount, and which personal representatives never post one. Read it next to the guide on personal representative duties and the guide to the D.C. probate process.

What a D.C. Probate Bond Is

A probate bond, also called a fiduciary bond, is a written promise that the personal representative will handle the estate honestly. Section 20-502(a) says the bond runs "to the District of Columbia for the benefit of interested persons and creditors." So the people it protects are the heirs, the legatees named in the will, and the creditors with claims against the estate.

Three parties sit on every bond:

  • The principal is the personal representative, the person who owes the duties.
  • The obligee is the District of Columbia, standing in for the interested persons and creditors.
  • The surety backs the bond and pays a valid claim if the personal representative does not.

The surety can be any corporation authorized to act as a surety in the District. All sureties and the personal representative are jointly and severally liable on the bond unless the court orders otherwise, so a harmed heir or creditor can pursue any of them for the full loss (D.C. Code § 20-502(c)). The bond follows the form set by the Superior Court's probate rules (D.C. Code § 20-502(g)). Those rules and the court's bond forms sit on www.dccourts.gov, which blocked our reader, so this guide names no form number.

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Bond Is a Condition of Appointment

Being named in the will does not make you the personal representative. The Probate Division of the Superior Court appoints you, and Section 20-501 lists three filings you make first: a statement accepting the duties of the office, any required bond, and a written consent to personal jurisdiction in the District (D.C. Code § 20-501). This applies in both supervised and unsupervised administration.

The bond goes to the Register of Wills. Every bond a personal representative signs is filed in the Register's office, and anyone can get a certified copy from the Register (D.C. Code § 20-502(e)). The Register is an office inside the Probate Division, and it may accept the bonds of executors and administrators subject to the court's approval (D.C. Code § 11-2104(a)(3)).

Here is why the order matters. The Register issues letters only after appointment (D.C. Code § 20-503), and banks, the DMV and title companies want to see those letters before they release anything. A required bond that never gets filed stalls the whole estate.

Two Ways to Excuse the Bond

Section 20-502(a) gives two routes around the bond.

The will excuses it. If the decedent's will excuses the personal representative from giving bond, no bond is given. Many attorney-drafted wills include this line for the named personal representative.

The interested persons waive it in writing. If every interested person signs a written waiver, no bond is given. This route works for an estate with no will, or a will that says nothing about bond.

The waiver route has a catch when only some people sign. Where the will does not excuse bond, the statute says "the interest of any interested person who does not waive bond shall be protected." So one heir who refuses to sign can keep a bond in place for their share, even when everyone else waives.

A waiver also cannot be signed for someone who is not a competent adult, with one exception. A guardian, conservator, parent, agent under a power of attorney, or other legal representative of a person under a legal disability may act for that person under D.C. Code § 20-101(d)(2)(C).

Who counts as an interested person

The waiver has to come from the right people. D.C. Code § 20-101(d)(1) defines an interested person as:

  • anyone named in the will to serve as personal representative, until someone is appointed;
  • the personal representative;
  • any legatee in being, until the legacy is paid in full;
  • an heir, though an heir stops being an interested person once a will is admitted to probate, except in a will contest or where the decedent died intestate as to some of the estate; and
  • any creditor who has timely presented a claim over $500 that has not been barred or discharged.

That last item matters. A creditor with a timely claim over $500 is an interested person too, so a waiver signed only by family members may not cover everyone the statute protects.

Anyone With More Than $1,000 at Stake Can Demand a Bond

A will that excuses bond does not end the question. Under D.C. Code § 20-502(a-1), two groups can make a written demand that the personal representative give bond:

  • any person with an interest in the estate worth more than $1,000; and
  • any creditor with a claim of more than $1,000.

The demanded bond cannot exceed the value of that person's interest or that creditor's claim. The demand is filed with the Register, and a copy is mailed to the personal representative if the appointment has already happened. The court may then set a hearing to decide whether a bond is required.

Let's break it down. A will names a daughter as personal representative and excuses bond. A son who inherits $90,000 under the will worries about how she will manage the money. He can file a written demand with the Register, and the court can hold a hearing and require a bond of up to $90,000.

How Much the Bond Is

When a bond is required, the court fixes the penalty sum, the dollar figure the bond is written for. Under D.C. Code § 20-502(d)(1), it cannot exceed "the probable maximum value of the personal and D.C. real property of the estate at any time during administration."

That wording includes a house in the District, so do not assume a D.C. rowhouse stays out of the figure because title passes to the heirs. Real estate outside the District falls outside this measure, because the statute names D.C. real property only.

The court can lower the penalty sum in two ways:

  • Restricted bank deposits. Estate cash held at an approved bank, trust company, or savings and loan association in an account that allows withdrawals only as the court approves can be subtracted (D.C. Code § 20-502(d)(3)).
  • Restricted property. Real or personal property that cannot be sold or distributed without prior court approval, either at the personal representative's request or by court order for good cause, can be subtracted (D.C. Code § 20-502(d)(3A)).

The court can also raise or lower the sum for good cause at any point during administration (D.C. Code § 20-502(d)(4)). And once all known assets are distributed and all known claims are satisfied, no bond is required for the period after that (D.C. Code § 20-502(b)(2)).

Here is how that lands. An estate holds $120,000 in bank accounts and a D.C. rowhouse worth $550,000. The ceiling is $670,000. If the personal representative moves $100,000 into a restricted account and asks for an order that the house cannot be sold without court approval, the court can reduce the penalty sum by both amounts.

Who Pays the Premium

A corporate surety charges a premium for writing the bond. The surety's underwriting sets that price, so this guide quotes no rate. The estate pays it: "Bond premiums shall be chargeable against the property of the estate" (D.C. Code § 20-502(f)).

Bond premiums also rank first if the estate cannot pay every claim in full. Class 1 of the payment order covers "court costs, publication costs, and bond premiums," ahead of funeral expenses, family allowances and every other debt (D.C. Code § 20-906(a)(1)). For the rest of the claim process, see the guide to D.C. creditor claims.

Who Never Posts a Bond

Several people and routes skip the bond entirely.

Banks and trust companies. No bond is required of banks and trust companies authorized under District law to act as personal representatives, or of national banks, unless another law or a court rule says otherwise (D.C. Code § 20-502(b)(1)).

Small estate personal representatives. A personal representative appointed in a small estate proceeding does not have to give bond, hire an attorney, or take a commission (D.C. Code § 20-354(a)). The small estate proceeding covers property subject to administration in the District worth $80,000 or less (D.C. Code § 20-351). Read more on why small estates need no bond.

The affidavit route. A transfer by affidavit involves no appointment at all, so no bond arises. It applies only when the entire probate estate is worth $40,000 or less and holds no interest in real property (D.C. Code § 20-361(a), as amended by D.C. Law 26-164, a temporary act effective until March 27, 2027).

One appointment does not escape the rule. A special administrator, whom the court can appoint to protect property before a personal representative qualifies or between two personal representatives, must meet the same bond requirements as a personal representative (D.C. Code § 20-532; D.C. Code § 20-531).

How to Address the Bond in Your Will

If you are planning your own estate, the most direct step is to say what you want about bond in the will itself. Section 20-502(a) honors a will that excuses bond, and that excuse also removes the "non-waiving heir" protection that applies when the interested persons waive instead.

A D.C. estate planning attorney can draft language along these lines. This is an illustration, not legal advice:

"I direct that my personal representative serve without bond."

Keep three points in mind:

  • Name a personal representative and an alternate, so the court has a clear appointee.
  • A will clause does not block a written demand for bond from an heir, legatee or creditor with more than $1,000 at stake under D.C. Code § 20-502(a-1).
  • If your will is old or was signed in another jurisdiction, check whether it addresses bond.

If the will says nothing, all interested persons can still waive bond in writing after the death.

Common Questions

Can a D.C. will waive the executor bond?

Yes. Under D.C. Code § 20-502(a), a personal representative excused from bond by the decedent's will gives no bond. A person with an interest worth more than $1,000, or a creditor with a claim over $1,000, can still make a written demand for bond under § 20-502(a-1).

What happens if only some heirs sign the bond waiver?

Where the will does not excuse bond, the statute protects the interest of any interested person who does not waive. A bond can stay in place for the share of anyone who refuses to sign (D.C. Code § 20-502(a)).

Does a D.C. probate bond cover the house?

Yes, for real estate in the District. The penalty sum cannot exceed the probable maximum value of the estate's personal property and D.C. real property during administration (D.C. Code § 20-502(d)(1)). The court can reduce it for property that cannot be sold without court approval.

Who pays for the probate bond in D.C.?

The estate does. Bond premiums are chargeable against estate property (D.C. Code § 20-502(f)), and they rank in class 1 of the payment order if the estate is insolvent (D.C. Code § 20-906(a)(1)).

Does a small estate in D.C. need a bond?

No. A personal representative appointed in a small estate proceeding does not give bond (D.C. Code § 20-354(a)).

Where is the bond filed?

With the Register of Wills, inside the Probate Division of the Superior Court. Anyone can get a certified copy of a filed bond from the Register (D.C. Code § 20-502(e)).

This guide is general information about estates administered in the District of Columbia. Confirm anything that affects your situation with the Probate Division, the Register of Wills, or a lawyer licensed in D.C.

Sources:

It is not legal advice.

Information current as of October 5, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in District of Columbia can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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