New Jersey Executor Bond Requirement

Updated September 7, 2026. Quick answer: In New Jersey, new Jersey requires bond by default for every fiduciary appointed by the Superior Court or surrogate (executor, administrator, guardian, or trustee); the state does not use the UPC informal/formal distinction, so bond is the baseline rule for essentially all administrations, not just supervised ones.

Does New Jersey require an executor to post a bond?

New Jersey requires bond by default for every fiduciary appointed by the Superior Court or surrogate (executor, administrator, guardian, or trustee); the state does not use the UPC informal/formal distinction, so bond is the baseline rule for essentially all administrations, not just supervised ones.

“shall secure faithful performance of the duties of the office by requiring the fiduciary thereby authorized to act to furnish bond to the Superior Court”

Source: N.J. Stat. Ann. § 3B:15-1

Can the will waive it in New Jersey?

Sometimes. A will can excuse a nonresident executor from giving security, but there is no blanket statutory rule that any will clause eliminates bond for a resident executor; a fiduciary who is otherwise required to post bond must apply to the court to waive or reduce it for good cause.

Can the heirs or beneficiaries waive it in New Jersey?

Sometimes. Automatic exemption when a surviving spouse is appointed administrator and is entitled to the entire estate (sole PR = sole beneficiary); beyond that, bond relief requires a court application ‘for good cause shown,’ not simple heir consent.

If a bond is required, how much?

When a bond is required, New Jersey sizes it at 100% of the estimated value of the personal estate plus expected annual income, per its own bond-amount statute.

“having due regard to the value of the estate and the extent of the fiduciary’s authority, as the court shall approve”

Source: N.J. Stat. Ann. § 3B:15-1

What makes New Jersey different

New Jersey is a non-UPC, bond-by-default state where the default applies broadly rather than turning on supervised vs. unsupervised administration. Waiver is handled through narrow categorical carve-outs (sole-beneficiary spouse, nonresident-executor will language, qualified institutions) plus an affirmative court petition for good cause, rather than an automatic informal-proceeding exemption.

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.