Arkansas Executor Bond Requirement

Updated September 7, 2026. Quick answer: In Arkansas, as rewritten by Act 326 of 2023, Arkansas no longer imposes a default bond requirement: the court ‘may require a bond’ from a personal representative at appointment or at any time during the case, and must act on a written demand from an interested person or claimant, but no bond is presumptively required absent a request.

Does Arkansas require an executor to post a bond?

As rewritten by Act 326 of 2023, Arkansas no longer imposes a default bond requirement: the court ‘may require a bond’ from a personal representative at appointment or at any time during the case, and must act on a written demand from an interested person or claimant, but no bond is presumptively required absent a request.

“Prior to the issuance of letters of administration or at any time during the pendency of the matter, the court may require a bond from the personal representative with a corporate surety authorized to do business in this state for the benefit of the interested parties”

Source: Ark. Code Ann. § 28-48-201

Can the will waive it in Arkansas?

Sometimes. Because bond is no longer the default, there is nothing for a will to ‘waive’ in the traditional sense; a will could still direct that no bond be required, which would weigh against the court exercising its discretion to impose one.

Can the heirs or beneficiaries waive it in Arkansas?

Sometimes. The current statute runs the opposite direction from a heir ‘waiver’: any person or entity claiming an interest in or a claim against the estate can file a written demand forcing the court to secure or increase a bond, rather than heirs affirmatively waiving one.

If a bond is required, how much?

“the court may require a bond from the personal representative with a corporate surety…or such other bond that the court deems appropriate”

Source: Ark. Code Ann. § 28-48-201

What makes Arkansas different

Arkansas is unusual for having flipped its rule in 2023 from a mandatory-bond-unless-waived regime to a discretionary, court-may-require regime; the opposite reform direction from states tightening bond rules, and distinct from both the UPC default-bond-off pattern and the classic default-bond-on-unless-will-waives pattern.

Every statute quoted on this page was read directly from the state’s own legislature/code site this session, or, where that site blocked automated access, from a reputable legal-citation mirror quoting the same official text with its official citation (disclosed below). General information, not legal advice; a probate court has final discretion over bond in every state; confirm your own case with the court or a local attorney before relying on the default described here.