Updated September 7, 2026. Quick answer: In Maryland, Maryland requires a personal representative to execute a bond by default, except that a national banking association or trust company serving as personal representative is not required to give a bond; there is no informal/supervised distinction like the UPC states. Bond can be excused by the will or by written waiver of all interested persons, but even then a nominal bond is still required to secure debts and Maryland inheritance taxes.
Maryland 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. Md. Code, Est. & Trusts § 6-102(a): “Subject to the provisions of subsections (b) and (c) of this section…” “…unless a bond is expressly excused by the will of the decedent or by the written waiver of all interested persons, every personal representative shall execute a bond to the State of Maryland for the benefit of all interested persons and creditors with a surety or sureties approved by the register.”
- Waiver. Md. Code, Est. & Trusts § 6-102(a): “…unless a bond is expressly excused by the will of the decedent or by the written waiver of all interested persons, every personal representative shall execute a bond to the State of Maryland for the benefit of all interested persons and creditors with a surety or sureties approved by the register.” Md. Code, Est. & Trusts § 6-102(b)(1): “Even if a personal representative is excused from giving bond, a bond shall be given in an amount that the register or the court considers sufficient to secure the payment of the debts and Maryland inheritance taxes payable by the personal representative.”
- Amount. Md. Code, Est. & Trusts § 6-102(e)(1): “The penalty sum of a bond shall be fixed by the court or register in an amount not exceeding the probable maximum value of the personal property of the estate during administration less: (i) The market value, as determined by the court, of collateral posted with the court by the personal representative…”
- Surety and cost. Md. Code, Est. & Trusts § 6-102(g): “…premium for a bond shall be chargeable against the property…”
For the rest of the process and its fees, see Maryland probate cost.
Does Maryland require an executor to post a bond?
Maryland requires every personal representative to execute a bond by default, regardless of whether administration is regular or small estate; there is no informal/supervised distinction like the UPC states. Bond can be excused by the will or by written waiver of all interested persons, but even then a nominal bond is still required to secure debts and Maryland inheritance taxes.
“unless a bond is expressly excused by the will of the decedent or by the written waiver of all interested persons, every personal representative shall execute a bond”
Source: Md. Code, Est. & Trusts § 6-102
Can the will waive it in Maryland?
Yes. The will can expressly excuse the bond requirement, per Md. Code, Est. & Trusts § 6-102.
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Can the heirs or beneficiaries waive it in Maryland?
Yes. Bond can also be excused by the written waiver of all interested persons, even without a will provision.
If a bond is required, how much?
When a bond is required, Maryland sets the penalty sum at an amount not exceeding the probable maximum value of the personal property of the estate during administration, less the market value of court-determined collateral posted and cash of the estate held in a restricted bank account, and the court may increase or decrease it for good cause, per its own bond-amount statute.
“not exceeding the probable maximum value of the personal property of the estate during administration”
What makes Maryland different
Maryland does not use the UPC’s informal/supervised split; it simply requires bond of every personal representative unless excused. Its most distinctive feature is that a ‘waived’ bond isn’t fully gone; a nominal bond covering creditor and state inheritance-tax exposure survives even after a full waiver, which is unusual compared to states where waiver eliminates bond entirely.
| Bond-requirement source | Md. Code, Est. & Trusts § 6-102 |
| Maryland courts (general reference) | Maryland judicial branch |
| Maryland Secretary of State / legislature | Maryland state government |
| 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 Maryland.