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Bond Requirement for Administrators Without a Will in Ontario

Find out when Ontario requires a bond for an administrator without a will, how much it generally covers, who can be a surety, and when a judge may waive it.

Wills & Estates4 min readTSLBy the Treadstone Law Team · OntarioUpdated October 28, 2026
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Key takeaways
  • A bond is required if the deceased died without a will, if the applicant is not the named trustee, or if the applicant lives outside Ontario, Canada and the Commonwealth.
  • The bond is generally double the value of the estate unless a judge orders otherwise.
  • A judge can decide that a bond is not required.
  • Sureties can be a licensed Ontario insurer or personal sureties, with the number depending on the estate's value.

If you are applying to administer the estate of someone who died without a will, you may be told you need a bond. That can sound like a fee or a penalty, but it is a form of protection for the people who have a claim on the estate.

This article explains what a bond is, when it applies, how large it generally is, who can sign as surety, and when a judge can decide it is not needed. What a bond would cost in your situation is worth confirming with a provider or a lawyer.

What a bond is and why it is required

A bond is a guarantee that if the person managing the estate mismanages it, the estate and those entitled to it can be compensated. A surety is the person or company that stands behind the guarantee. The court asks for a bond in situations where it has no will naming a trusted executor and wants added protection.

When a bond applies

A bond is required in three situations: the deceased died without a will, the applicant is not the named trustee, or the applicant does not live in Ontario, another Canadian province or territory, or a Commonwealth country.

SituationBond?
No willRequired, unless a judge orders otherwise
Applicant is not the named trusteeRequired, unless a judge orders otherwise
Applicant lives outside Ontario, Canada and the CommonwealthRequired, unless a judge orders otherwise
Named trustee under a will who lives in Ontario or elsewhere in Canada or the CommonwealthGenerally not required, subject to the court's rules

Because the first situation covers every estate without a will, most administrators in this position should expect to deal with a bond.

How large the bond is and who can be a surety

The bond is generally double the estate's value unless a judge orders otherwise.

Sureties can be a licensed Ontario insurer or personal sureties. Two sureties are needed for estates over $100,000, and one for estates of $100,000 or less.

What a bond would cost depends on your situation, so it is worth getting a quote and confirming the details with a lawyer.

When a judge may say no bond is needed

A judge can decide that a bond is not required. Matters needing a judge's decision are reviewed by a judge, who may make an order. Whether a judge will agree depends on the facts, and the process can add time to an application.

A consent form (Form 74G Part B) is used where applicable. Speak with a lawyer about how this might support a request to waive the bond.

What to do next

Decide early whether you want to use a surety company, personal sureties, or ask a judge to waive the bond. These choices affect your timeline. Ontario states that applications are typically processed within 15 business days, which can be longer when documents are missing or a judge must decide an issue.

A signed copy of the application must go to all estate beneficiaries before filing. Keeping them informed also lowers the chance of objections later.

Frequently asked questions

Do I always need a bond if there is no will?

Ontario's guidance says a bond is required if the deceased died without a will, unless a judge orders otherwise. A judge can decide a bond is not required.

How much does a bond cover?

The bond is generally double the estate's value unless a judge orders otherwise. That is the amount of the guarantee, not the cost to you.

Who can act as a surety?

A licensed Ontario insurer or personal sureties. You need two sureties for estates over $100,000, and one for estates of $100,000 or less.

Does a named executor under a will need a bond?

A bond is required if the applicant is not the named trustee or lives outside Ontario, Canada and the Commonwealth. A named executor who lives in Ontario or elsewhere in Canada or the Commonwealth generally does not need one, but confirm current rules with a lawyer.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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