Updated September 7, 2026. Quick answer: In Pennsylvania, pennsylvania requires a bond before letters are granted to any personal representative under 20 Pa.C.S. § 3171, except as provided elsewhere; § 3174 then exempts bank/trust-company fiduciaries and certain individuals; an individual named in the will who is a resident of Pennsylvania, or who has been excused from filing a bond by the testator’s express direction in the will, or a resident who is not named in the will and is the sole residuary legatee or next of kin; unless a bond is ordered by the court or is required by the will.
Pennsylvania executor bond: what the statute says
Each line is a short extract quoted from the statute cited; the section has the exceptions.
- When a bond is required. 20 Pa.C.S. § 3171: “Except as hereinafter provided, before letters shall be granted to any personal representative, he shall execute and file a bond which shall be in the name of the Commonwealth, with sufficient surety, in such amount as the register considers necessary…”
- Waiver. 20 Pa.C.S. § 3174(b)(1)(ii): “…excused from filing a bond by the express direction of the testator…”
- Amount. 20 Pa.C.S. § 3171: “…in such amount as the register considers necessary…”
- Surety and cost. 20 Pa.C.S. § 3171: “…in the name of the Commonwealth, with sufficient surety…”
For the rest of the process and its fees, see Pennsylvania probate cost.
Does Pennsylvania require an executor to post a bond?
Pennsylvania requires a bond before letters are granted to any personal representative under 20 Pa.C.S. § 3171, except as provided elsewhere; § 3174 then exempts bank/trust-company fiduciaries and certain individuals; an individual named in the will who is a resident of Pennsylvania, or who has been excused from filing a bond by the testator’s express direction in the will, or a resident who is not named in the will and is the sole residuary legatee or next of kin; unless a bond is ordered by the court or is required by the will.
“Unless a bond is ordered by the court or is required by the will, if any, no bond shall be required of an individual personal representative who: (1) Is named in the will as an original or successor personal representative and: (i) is a resident of this Commonwealth; (ii) has been excused from filing a bond by the express direction of the testator in his will; or (iii) is not a resident of this Commonwealth but will serve with a resident co-personal representative of whom no bond is required if the petition for letters includes an averment that all assets will remain in the custody and control of the resident co-personal representative.”
Source: 20 Pa. Cons. Stat. §§ 3171, 3174
Can the will waive it in Pennsylvania?
Yes. Unless a bond is ordered by the court or required by the will, no bond is required of an individual personal representative who is named in the will and has been excused from filing a bond by the testator’s express direction in the will.
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Can the heirs or beneficiaries waive it in Pennsylvania?
Sometimes. A resident individual who is not named in the will but is the sole residuary legatee or next of kin, or is the nominee of all residuary legatees or next of kin who are adult and sui juris, may serve without bond unless a bond is ordered by the court or required by the will; this is an exemption rather than an affirmative heir consent filing.
If a bond is required, how much?
When a bond is required, Pennsylvania leaves the amount to the register, who sets it at the amount the register considers necessary, having regard to the value of the personal estate that will come into the control of the personal representative, per its own bond statute.
“in such amount as the register considers necessary, having regard to the value of the personal estate which will come into the control of the personal representative”
Source: 20 Pa. Cons. Stat. § 3171
What makes Pennsylvania different
Pennsylvania splits its waiver rule by how the personal representative came to serve: an individual named in the will is bond-free if a resident of Pennsylvania or if excused by the testator’s express direction in the will (or in the nonresident co-representative case), while an unnamed resident individual can qualify by being the sole residuary legatee or next of kin or the nominee of all adult and sui juris residuary legatees or next of kin; in every case the exemption yields to a court order or a will requirement of bond.
| Bond-requirement source | 20 Pa. Cons. Stat. §§ 3171, 3174 |
| Pennsylvania courts (general reference) | Pennsylvania judicial branch |
| Confidence | High |
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.
Related: how long creditors have to file a claim against an estate in Pennsylvania.
Related: how long you have to contest a will in Pennsylvania.