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Maryland Executor Bond Requirements
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Maryland Executor Bond Requirements

Maryland executor bond rules: a personal representative files a bond with the Register of Wills unless the will or all interested persons waive it.

By Settled Editorial

In Maryland, a personal representative gets authority from the Register of Wills, not from the will alone, and filing a bond is one condition of that appointment. The bond protects the estate's creditors and heirs. The decedent's will, or a written waiver signed by all interested persons, can excuse it under Md. Code, Estates and Trusts §6-102.

This guide covers what a Maryland probate bond is, when the Register of Wills requires a full bond, when the will or the interested persons can excuse it, why a nominal bond still applies even then, how the penal sum is set, and how sureties work. Read it next to the Maryland executor duties guide and the Maryland probate guide. To find the office that files the bond, use the Maryland Register of Wills directory.

What a Maryland Probate Bond Is

A probate bond, also called a fiduciary bond or an executor bond, is a written promise that the personal representative will handle the estate honestly and account for it. It is not insurance for the personal representative. Section 6-102 says the bond runs to the State of Maryland for the benefit of all interested persons and creditors, so the people it protects are the heirs, the legatees named in the will, and anyone the estate owes.

A bond brings in three roles:

  • The principal is the personal representative, the person who owes the duties.
  • The obligee is the party protected by the bond, standing in for the estate's interested persons and creditors.
  • The surety is the party that backs the bond and pays a valid claim if the personal representative cannot.

If the personal representative takes estate money, pays debts out of order, or otherwise breaches the job, a claim can be made against the bond. Where a corporate surety backs it, that surety pays the loss up to the penal sum and then collects from the personal representative personally. A bond does not make it easier to mishandle an estate. It adds a backstop for the people a dishonest or careless personal representative would harm. (Source: Md. Code, Estates and Trusts §6-102, mgaleg.maryland.gov.)

Bond Is a Condition of Your Appointment

You do not become the personal representative by being named in the will. You become it when the Register of Wills appoints you, and Section 6-101 lists what you file to get there: a statement accepting the duties of the office, any required bond, and a written consent to personal jurisdiction in Maryland. The bond sits in the middle of that list, so a required bond that never gets filed stops the appointment.

Maryland runs probate through two offices in each of its 24 jurisdictions. The elected Register of Wills appoints the personal representative, files the bond, keeps the records, and collects the probate fee and the inheritance tax. The Orphans' Court, a three-judge probate court, supervises the administration and can order more security. In Montgomery, Harford, and Howard counties there is no separately elected Orphans' Court, so the Circuit Court judges sit as the Orphans' Court instead. (Source: Md. Code, Estates and Trusts §6-101, mgaleg.maryland.gov.)

When Maryland Excuses the Bond

Maryland lets the bond be excused, which is a real difference from states that only let you waive the surety. Under Section 6-102, unless a bond is expressly excused by the will of the decedent or by the written waiver of all interested persons, every personal representative shall execute a bond. Read that as two clean routes to excuse it:

The will expressly excuses the bond. Many attorney-drafted Maryland wills include this for the named personal representative, so the person you pick is not forced to buy a bond.

All interested persons sign a written waiver. When there is no will, or the will says nothing about a bond, the heirs and legatees can still agree in writing to excuse it.

One party is exempt without either step. A national banking association or a trust company serving as personal representative does not have to give a bond at all.

Even with an excuse in place, the Register and the court keep discretion. On a petition by an interested person or creditor, and for good cause shown, the court can require a bond during administration. So confirm the current requirement with your Register of Wills before you assume the bond is off the table. (Source: Md. Code, Estates and Trusts §6-102, mgaleg.maryland.gov.)

The Nominal Bond Still Applies

Excusing the full bond does not remove every bond. When the will or the interested persons excuse the bond, Section 6-102 still calls for a nominal bond in an amount the register or the court considers sufficient to secure the debts of the decedent and the Maryland inheritance tax the personal representative must pay. The statutory condition reads that the obligation becomes void once the personal representative pays the debts due by the deceased and the Maryland inheritance tax.

Here is why the inheritance tax shows up. Maryland is the only state that charges both a state estate tax and a separate inheritance tax. The inheritance tax is 10 percent on property passing to more distant takers, and it is exempt for a surviving spouse, children and other lineal descendants, parents, grandparents, and siblings. The nominal bond gives the Register a way to secure that tax and the decedent's debts even when the heirs have excused the larger bond. (Source: Md. Code, Estates and Trusts §6-102, mgaleg.maryland.gov; Md. Tax-General §7-204 (10% rate) and §7-203 (exemptions), mgaleg.maryland.gov.)

How Much the Full Bond Is

When a full bond is required, the penal sum is the dollar figure the bond is written for. Section 6-102 has the register or the court fix that penalty sum in an amount not exceeding the probable maximum value of the personal property of the estate during administration, less restricted or approved deposits the personal representative cannot reach. The measure is personal property, meaning the bank accounts, investments, and other movable assets the personal representative actually controls.

Solely owned Maryland real estate is generally not part of the penal sum, because title passes to the heirs or devisees and the personal representative does not move it like a bank account, unless the estate has to reach the real estate to pay debts. The penalty sum can be increased or decreased by the court for good cause at any time during administration, so a bond set early can be adjusted if the estate turns out larger or smaller than the first estimate.

Here is how the size lands. Say an estate holds $180,000 in bank and brokerage accounts and a house worth $350,000 that passes to the heirs. The penal sum tracks the roughly $180,000 of personal property, and the house stays out of the figure. (Source: Md. Code, Estates and Trusts §6-102, mgaleg.maryland.gov.)

Sureties: Corporate or Individual

A bond needs someone standing behind it. Section 6-102 lets the surety be a corporation authorized to act as a surety in Maryland, or one or more individuals the register approves. Most full bonds use a corporate surety, the same kind of company that writes other court bonds.

A corporate surety charges a premium, set by its own underwriting and usually a small fraction of the penal sum each year. The premium is a legitimate cost of administering the estate, so the personal representative can reimburse it from estate funds rather than pay out of pocket. To obtain a bond, the personal representative applies to a surety company, which reviews the applicant's financial background and the estate's value. An applicant with serious credit trouble may pay more or have a harder time qualifying, which is one reason a will that excuses the bond can help the person you name.

If the register approves individual sureties instead, those individuals pledge their own assets to back the bond, and no premium is charged. (Source: Md. Code, Estates and Trusts §6-102, mgaleg.maryland.gov.)

How to Address the Bond in Your Will

If you are planning your own estate, the useful step in Maryland is to say what you want on the bond directly. You hold a power a Virginia testator does not: you can excuse the bond itself, not only the surety.

A Maryland estate planning attorney can include language along these lines. This is an example for illustration, not legal advice:

"I direct that my personal representative serve without bond, to the extent the law allows."

A few points worth confirming with your attorney:

  • Name a personal representative, and an alternate, so the Register has a clear appointee.
  • Remember that a nominal bond securing the decedent's debts and the Maryland inheritance tax can still apply even when you excuse the full bond.
  • If you have an out-of-state will or an older one, check whether it addresses the bond, and update it if it does not.

If the will stays silent, all interested persons can still excuse the bond by written waiver after the death, so a missing clause is not the end of the option.

Consequences of Serving Without a Required Bond

Filing the required bond is part of becoming the personal representative, not an afterthought. Section 6-101 makes the bond a condition of appointment, so if the Register requires a bond and it is not in place, you are not appointed and you do not hold authority to act.

Trying to act before the bond is filed creates real problems:

  • The Register will not issue your letters, so banks, the motor vehicle office, and title companies will not release estate assets to you.
  • Steps you take without authority can be challenged or undone.
  • The court can require additional security, new security, or countersecurity during administration on a petition for good cause, and stepping outside that framework raises your personal exposure if the estate loses money.

If you are unsure what bond the Register will require, ask before you file the petition for probate. Settling it up front keeps the appointment moving and avoids a false start.

Common Questions

Can a Maryland will waive the executor bond?

Yes. Under Section 6-102, the bond is excused when the decedent's will expressly excuses it or when all interested persons sign a written waiver. When the bond is excused, a nominal bond that secures the decedent's debts and the Maryland inheritance tax can still be required, so ask the Register what applies.

Who sets the amount of the bond in Maryland?

The Register of Wills or the Orphans' Court sets it. Section 6-102 fixes the penal sum at an amount not exceeding the probable maximum value of the personal property during administration, less restricted deposits. The court can raise or lower it for good cause at any time during the estate.

Is real estate counted in the bond amount?

Generally no. The penal sum tracks the personal property the personal representative controls, such as accounts and investments. Solely owned real estate passes to the heirs or devisees and stays out of the figure unless the estate must reach it to pay debts.

What does a probate bond cost in Maryland?

When a corporate surety backs the bond, it charges a premium set by its underwriting, usually a small fraction of the penal sum each year, and that premium is a reimbursable estate expense. When the will or the interested persons excuse the bond, or the register approves individual sureties, there is often no premium at all.

Does a bank serving as personal representative need a bond?

No. Section 6-102 exempts a national banking association or a trust company serving as personal representative from giving a bond.

This guide is general information about Maryland estates. It is not legal advice. Confirm anything that affects your situation with the Register of Wills, the Orphans' Court, or a licensed Maryland attorney.

Sources:

It is not legal advice.

Information current as of July 21, 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 Maryland can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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