1. (A) Except as may be required pursuant to Section 62-3-605 or upon the appointment of a special administrator, a personal representative is not required to file a bond if:

   1. (1) all heirs and devisees agree to waive the bond requirement;
   2. (2) the personal representative is the sole heir or devisee;
   3. (3) the personal representative is a state agency, bank, or trust company, unless the will expressly requires a bond; or

   4. (4) the personal representative is named in the will, unless the will expressly requires a bond.

      If, pursuant to Section 62-3-203(a), the court appoints as personal representative a nominee of a personal representative named in a will, the court may in its discretion decide not to require bond.

2. (B) Where a bond is required of the personal representative or administrator of an estate by law or by the will, it may be waived under the following conditions:

   1. (1) the personal representative or administrator by affidavit at the time of applying for appointment as such certifies to the court that the gross value of the estate will be less than twenty thousand dollars, that the assets of the probate estate are sufficient to pay all claims against the estate, and that the personal representative or administrator agrees to be personally liable to any beneficiary or other person having an interest in the estate for any negligence or intentional misconduct in the performance of his duties as personal representative or administrator; and

   2. (2) all known beneficiaries and other persons having an interest in the estate execute a written statement on a form prescribed by the court that they agree to the bond being waived. This form must be filed with the court simultaneously with the affidavit required by item (1) above. A creditor for purposes of this item (2) is not considered a person having an interest in the estate.

      The provisions of this subsection (B) are supplemental and in addition to any other provisions of law permitting the waiving or reducing of a bond. Any bond required by Section 62-3-605 may not be waived under the provisions of this section.

HISTORY: 1986 Act No. 539, SECTION 1; 1987 Act No. 171, SECTION 24; 1988 Act No. 659, SECTION 17; 1989 Act No. 53, SECTION 1; 1990 Act No. 521, SECTION 42; 1994 Act No. 470, SECTION 1; 1997 Act No. 152, SECTION 13; 2013 Act No. 100, SECTION 1, eff January 1, 2014.