Short Answer

By default, an administrator in a North Carolina intestate estate must post a bond. If the proposed administrator is a North Carolina resident and every heir is 18 or older, all heirs can sign written waivers—and the clerk of court may then relieve the bond requirement. If any heir is a minor or an heir won’t (or can’t) sign, or if the administrator is not a North Carolina resident, a bond is required. Even with waivers, the clerk has discretion to require a bond to protect the estate.

How North Carolina Law Applies

North Carolina law presumes a bond to ensure the administrator handles estate funds properly. In an intestate estate, you can avoid a bond only if specific conditions are met. The most common path is when the administrator is a North Carolina resident and every heir is an adult who signs a written waiver; the clerk can then decide to dispense with the bond. If the administrator is a nonresident, heirs cannot waive the bond. Other narrow exceptions exist—such as when the administrator will receive all estate property as the sole heir, or when appointed only to file a wrongful death case before any estate property is received.

Example: If three adult children are the heirs and they all sign waivers, and their sibling who lives in Raleigh applies to serve, the clerk can waive the bond. But if the sibling lives out of state, the bond can’t be waived by consent; the out-of-state administrator must post one and appoint a North Carolina process agent.

Key Requirements

• Default rule: A bond is required before Letters of Administration issue. Limited exceptions allow the clerk to waive it.
• Resident administrator + all-adult heirs: If the administrator is a North Carolina resident and all heirs are 18 or older and sign written waivers, the clerk may waive the bond. Waivers alone are not enough—the clerk must agree.
• Nonresident administrator: Heirs cannot waive the bond. A nonresident must post bond and appoint a North Carolina resident process agent.
• Sole heir/receives all property: If the administrator is the only heir and will receive all the decedent’s property, no bond is required.
• Wrongful death only: If appointed solely to bring a wrongful death action, no bond is required until estate property is received.
• Bond amount: Real property is not counted unless it will be sold and proceeds deposited into the estate. Corporate surety bonds are typically 125% of the personal property value (the clerk may accept 110% if personal property exceeds $100,000); personal surety or other security requires double the value.
• Restricted accounts: The clerk can exclude funds placed in a restricted North Carolina bank or insured savings account (withdrawals only by court order) from the bond calculation, often reducing the bond.

Process & Timing

1. Confirm who will serve and identify all heirs. If multiple heirs have equal priority, obtain renunciations where needed.
2. Check eligibility for a waiver: Is the proposed administrator a North Carolina resident? Are all heirs adults? If so, collect signed waivers from each heir (use the standard waiver form). Note: If any heir is a minor, unknown, or refuses to waive, a bond will be required.
3. File the application for Letters of Administration with the clerk. A nonresident applicant must appoint a North Carolina resident process agent.
4. If a bond is required, arrange for a surety company to issue the bond or provide permitted security. The premium is an estate expense.
5. Ask about using a restricted bank account. With a filed receipt and agreement, the clerk can exclude those funds from the bond amount, potentially lowering the required bond.
6. Expect later review. If additional assets are discovered or if real estate is sold and proceeds come into the estate, the clerk may require an increased bond. Any interested person can also ask the clerk to raise (or reduce) the bond based on risk.
7. If ordered to increase the bond, comply within the deadline. Failure to provide required bond can result in summary revocation of your Letters.

What the Statutes Say

• G.S. 28A-8-1: Sets the default bond requirement for personal representatives and lists exceptions, including the resident-intestate waiver with all-adult heirs, sole-heir rule, wrongful death only, and trust institution exception.
• G.S. 28A-8-2: Explains how to secure a bond (corporate surety, personal sureties, mortgage/deed of trust, negotiable instruments) and how to calculate the amount; excludes real property from the base calculation.
• G.S. 28A-8-1.1: Allows the clerk to exclude funds placed in a restricted North Carolina bank/savings account from the bond computation or to reduce the bond.
• G.S. 28A-8-3: Permits the clerk or an interested person to seek an increase or decrease in the bond; often triggered by new assets or sale of real property.
• G.S. 1-339.10: Governs bond for persons holding judicial sales; relevant when an administrator seeks an order to sell real estate and proceeds will come into the estate.
• G.S. 28A-8-4: If an administrator fails to give additional or new bond when ordered, the clerk must proceed with summary revocation procedures.
• G.S. 28A-9-2: Authorizes summary revocation of Letters for failure to provide sufficient bond, among other grounds.
• G.S. 28A-8-5: Allows a surety to seek relief, including removal or requiring indemnity, if the surety is in danger of loss.
• G.S. 28A-4-2(4): Requires a nonresident personal representative to appoint a North Carolina resident process agent before Letters can issue.

Exceptions & Pitfalls

• Nonresident administrators: Heirs cannot waive the bond; a bond is required and a North Carolina process agent must be appointed.
• Minors or missing heirs: If any heir is under 18, unknown, or cannot sign, you cannot use the all-heirs waiver option.
• Clerk’s discretion: Even with signed waivers, the clerk may still require a bond to protect the estate.
• Real estate sales: If you sell real property and deposit proceeds into the estate, expect the clerk to require an increased bond before funds are received.
• Restricted accounts: These can lower the bond, but you may still need a “minimum bond” and court authorization to withdraw funds later.
• Deadlines matter: If the clerk orders an increased bond and you do not comply promptly, your Letters can be revoked without a full hearing.
• Challenges by others: Any interested person (including heirs or creditors) can ask the clerk to raise the bond if risk to the estate increases.

Helpful Hints

• If you plan to request a waiver, gather signed waivers from all adult heirs up front using the standard waiver form and confirm the proposed administrator is a North Carolina resident.
• Talk to a surety company early if a bond is likely; the premium is usually paid by the estate.
• Ask the clerk about using a restricted bank account with a receipt and agreement to reduce the bond calculation.
• If the administrator is out of state, prepare the appointment of a North Carolina process agent before your qualification date.
• Update the clerk if new assets are found or if you plan to sell real estate; file for a bond modification before receiving sale proceeds.
• Keep good records—poor accounting is a common reason for bond increases and court intervention.

Talk to a Probate Attorney

If you’re navigating bond requirements to serve as administrator in an intestate North Carolina estate, 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.