Updated September 7, 2026. Quick answer: In North Dakota, north Dakota follows the Uniform Probate Code pattern, mirroring UPC § 3-603: no bond is required of a personal representative appointed in informal proceedings except for a special administrator, an express will requirement, or a demand under a companion section; in formal proceedings bond may be ordered by the court but is not required if the will relieves the personal representative of it, unless an interested party requests bond and the court agrees it is desirable.
North Dakota 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. N.D.C.C. § 30.1-17-03: “No bond is required of a personal representative appointed in informal proceedings, except: 1. Upon the appointment of a special administrator; 2. When an executor or other personal representative is appointed to administer an estate under a will containing an express requirement of bond; or 3. When bond is required under section 30.1-17-05.”
- Waiver. N.D.C.C. § 30.1-17-03: “…bond is not required of a personal representative appointed in formal proceedings if the will relieves the personal representative of bond, unless bond has been requested by an interested party and the court is satisfied that it is desirable.”
- Amount. N.D.C.C. § 30.1-17-04: “If bond is required and the provisions of the will or order do not specify the amount…” “…and shall execute and file a bond with the court, or give other suitable security, in an amount not less than the estimate…”
- Surety and cost. N.D.C.C. § 30.1-17-04: “…duly executed by a corporate surety, or one or more individual sureties…”
For the rest of the process and its fees, see North Dakota probate cost.
Does North Dakota require an executor to post a bond?
North Dakota follows the Uniform Probate Code pattern, mirroring UPC § 3-603: no bond is required of a personal representative appointed in informal proceedings except for a special administrator, an express will requirement, or a demand under a companion section; in formal proceedings bond may be ordered by the court but is not required if the will relieves the personal representative of it, unless an interested party requests bond and the court agrees it is desirable.
“No bond is required of any personal representative who, pursuant to statute, has deposited cash or collateral with an agency of this state to secure performance of the personal representative’s duties.”
Can the will waive it in North Dakota?
Sometimes. A will can eliminate the discretionary formal-proceeding bond, but that waiver can be overridden if an interested party requests bond and the court finds it desirable; a will can also impose a bond requirement that would not otherwise apply in informal proceedings.
Can the heirs or beneficiaries waive it in North Dakota?
Sometimes. Heirs and other interested persons cannot waive bond by consent, but under § 30.1-17-04 an interested person may petition the court to excuse a requirement of bond, and the court decides. Separately, under § 30.1-17-05 a person with an interest in the estate worth more than one thousand dollars, or a creditor with a claim over one thousand dollars, can make a written demand that the personal representative give bond.
If a bond is required, how much?
When a bond is required, North Dakota sizes it at 100% of the estimated value of the personal estate plus expected annual income, per its own bond-amount statute.
“that person’s best estimate of the value of the personal estate of the decedent and of the income expected from the personal and real estate during the next year”
Source: N.D. Cent. Code § 30.1-17-04
What makes North Dakota different
North Dakota adopted the UPC bond section almost verbatim, giving it the same informal/formal bifurcation as New Mexico, but it adds a distinctive alternative-security provision: no bond is required of a personal representative who, pursuant to statute, has deposited cash or collateral with an agency of this state to secure performance of the personal representative’s duties.
A note on sourcing: The official ndlegis.gov chapter PDF was fetched this session but returned as non-extractable binary/encoded text; the verbatim quote instead comes from the codes.findlaw.com mirror, cross-checked against a general web search of the official ndlegis.gov table of contents confirming the section title for § 30.1-17-03.
| Bond-requirement source | N.D. Cent. Code § 30.1-17-03 (UPC § 3-603) |
| North Dakota courts (general reference) | North Dakota judicial branch |
| North Dakota Secretary of State / legislature | North Dakota state government |
| Confidence | Medium |
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 North Dakota.
Related: how long you have to contest a will in North Dakota.