Short Answer

Usually yes. In North Carolina, a personal representative must post a bond before the Clerk of Superior Court issues letters, unless a specific exception applies. In an intestate estate, a North Carolina resident administrator may be relieved from bond only if every adult heir signs a written waiver and the clerk agrees. If the administrator lives outside North Carolina, heir waivers do not remove the bond requirement.

Understanding the Problem

You are asking whether an administrator of an intestate North Carolina estate must post a probate bond when the sole beneficiary (a parent) agrees to waive it. The decision turns on North Carolina law, your role as the proposed administrator, and whether you reside outside North Carolina when you apply for letters with the Clerk of Superior Court.

Apply the Law

North Carolina requires a bond from personal representatives before letters are issued, with limited exceptions. In intestate estates, the clerk may waive bond for a resident administrator if all heirs are adults and sign written waivers. Heir waivers do not eliminate bond for a nonresident administrator. Bond amounts cover personal property administered (not real estate value), and the clerk can raise or lower the bond as the estate changes. Separate ancillary estates in other states may require their own bonds under that state’s law.

Key Requirements

• Default rule: A bond is required before the Clerk of Superior Court issues letters of administration.
• Resident waiver option: For an intestate estate, a North Carolina resident administrator may proceed without bond only if all adult heirs sign written waivers and the clerk agrees (use AOC‑E‑404).
• Nonresident administrators: If you live outside North Carolina, heir waivers do not remove the bond requirement; you must also appoint a resident process agent (AOC‑E‑500).
• Bond amount: Calculated on personal property administered (vehicles, firearms, cash, investments); exclude real estate value unless sale proceeds come into the estate. Corporate surety is typically 125% of personal property (110% if over $100,000).
• Reducing bond: Placing funds in a restricted North Carolina account with court authorization (AOC‑E‑901) can lower the required bond; a minimum bond may still be required.
• Ancillary estates: An ancillary personal representative in North Carolina generally must post bond unless a statutory exception applies; out‑of‑state ancillary proceedings follow that state’s rules.

What the Statutes Say

• NC Gen. Stat. § 28A-8-1 (When bond is required and limited waivers) – Sets the bond requirement and lists exceptions, including resident‑with‑waivers and sole‑heir scenarios.
• NC Gen. Stat. § 28A-8-2 (Bond form and amount) – Explains acceptable surety types and how to compute the bond; excludes real property from calculation.
• NC Gen. Stat. § 28A-8-1.1 (Restricted accounts to reduce bond) – Allows court‑authorized restricted deposits to reduce the required bond.
• NC Gen. Stat. § 28A-26-4 (Ancillary letters and bond) – Requires bond for ancillary personal representatives in North Carolina unless an exception applies.

Analysis

Apply the Rule to the Facts: Because the proposed administrator lives outside North Carolina, the parent’s waiver does not eliminate the bond requirement for an intestate estate. The clerk will require a bond before issuing letters. In computing the bond, the value of vehicles and firearms counts as personal property, but the value of real estate does not unless sale proceeds are brought into the estate. If you must open an ancillary estate in another state, that state may require a separate bond under its own statutes.

Process & Timing

1. Who files: The proposed administrator. Where: Clerk of Superior Court in the proper North Carolina county for estate venue. What: Application for Letters of Administration (AOC‑E‑202), Bond (AOC‑E‑401), Appointment of Resident Process Agent if nonresident (AOC‑E‑500); if eligible, Waiver of Personal Representative’s Bond (AOC‑E‑404). When: Bond and any required agent appointment must be completed before letters are issued.
2. The clerk reviews your preliminary inventory to set bond. If funds will be restricted, file a Receipt and Agreement (AOC‑E‑901) to reduce the bond. Processing timelines vary by county but are often completed at qualification.
3. As the estate progresses, if you sell real estate and deposit proceeds or discover additional personal property, apply to modify the bond (AOC‑E‑433). The clerk can order an increase and typically gives 5–15 days to comply.

Exceptions & Pitfalls

• Resident‑with‑waivers: Only a North Carolina resident administrator can use signed waivers from all adult heirs; the clerk must still agree.
• Sole‑heir administrator: No bond if the personal representative is also the sole heir who receives all property; this does not apply when the administrator and sole heir are different people.
• Nonresident trap: Heir waivers do not eliminate bond for a nonresident administrator; also remember to appoint a resident process agent before letters.
• Asset changes: Selling real estate (bringing proceeds into the estate) or finding new personal property can trigger a required bond increase before the clerk will confirm a sale or allow receipt of funds.
• Restricted funds: Using a restricted North Carolina account can reduce bond, but a minimum bond may still be required to pay routine expenses.

Talk to a Probate Attorney

If you’re dealing with North Carolina probate bond questions and waiver options, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.