- 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.
| Situation | Bond? |
|---|---|
| No will | Required, unless a judge orders otherwise |
| Applicant is not the named trustee | Required, unless a judge orders otherwise |
| Applicant lives outside Ontario, Canada and the Commonwealth | Required, unless a judge orders otherwise |
| Named trustee under a will who lives in Ontario or elsewhere in Canada or the Commonwealth | Generally 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.
- A licensed Ontario insurer is one of the surety options.
- Personal sureties: individuals who accept responsibility under the bond, so they should understand what they are agreeing to.
- The forms involved include Form 74L or 74M, depending on the bond used.
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.
- Confirm the estate's approximate value, using date-of-death figures.
- Ask insurers for a bond quote based on that value.
- If you plan to use personal sureties, make sure they understand the risk.
- Ask a lawyer whether a request to dispense with the bond is realistic.
- Prepare the application forms, including bond forms.
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
- Ontario.ca – Administering estates — ontario.ca
- Ontario.ca – Apply for probate — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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