Last updated: September 10, 2026|General Michigan probate bond information — confirm current requirements with the licensing authority.

EPIC court bond · Michigan probate courts

Michigan Probate Bond

Michigan runs the opposite default from most states: under the Estates and Protected Individuals Code (EPIC), a personal representative appointed informally is not bonded automatically. A bond only enters the picture when the will requires one, when the probate court orders one on its own findings in a formal proceeding, or when — under MCL § 700.3605 — an interested person or creditor with a stake over $30,000 files a written demand. Conservator bonds work differently: MCL § 700.5410 makes bond mandatory once the estate crosses a value threshold, sized at the estate's value plus one year's expected income. This page covers both mechanisms, the exact math, and what the SCAO bond form requires.

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The default most guides get backwards

Michigan doesn't require a bond — until one of four things happens

Most state probate codes presume a bond and let a will or heir-consent waive it. MCL § 700.3603(1) runs the other direction for informally-appointed personal representatives: no bond, full stop, unless one of these applies.

A special personal representative is appointed

MCL 700.3603(1)

Special personal representatives (appointed to preserve the estate before a full appointment) are bonded automatically — the informal-proceedings exemption never applies to them.

The will expressly requires bond

MCL 700.3603(1)

If the will itself contains a bond requirement, the register can't waive it in an informal filing — the will's own terms control.

An interested person demands one

MCL 700.3605

Anyone with an estate interest or claim over $30,000 can force bond mid-administration with a written demand. You then have 28 days to comply or face removal.

The court orders it in formal proceedings

MCL 700.3603(2)

In a formal appointment, the judge can order bond on the court's own findings — even without a demand — though not over a will's waiver unless an interested person asks and the court agrees it's warranted.

None of these apply and you're proceeding informally? You likely won't need a bond at all — which is why so many Michigan estates never talk to a surety. Once one does apply, though, the register won't issue Letters of Authority without it. For how this compares to states that presume bond by default, see our administrator vs. executor bond guide.

The $30,000 demand clock: 28 days, or removal

MCL § 700.3605 is Michigan's override valve. Anyone with an estate interest — or a creditor with a claim — worth more than $30,000 can submit a written demand for bond to the probate register at any point in the administration, will waiver or not. Once that demand is on file, the personal representative has 28 days to give suitable bond.

Two consequences kick in immediately, not just after the deadline passes. First, the fiduciary's authority narrows to only what's necessary to preserve the estate — no distributions, no asset sales — until the bond is filed or the demand is resolved. Second, missing the 28-day window is itself grounds for removal and appointment of a successor. The demand requirement lapses only if the demanding party loses their qualifying interest, or if bond is excused under §§ 3603 or 3604.

Practically: if you're a Michigan personal representative who received a demand, the clock already started. Have your estate's personal property estimate ready — that number is what both the register and the surety need to move fast within 28 days.

Three ways EPIC handles fiduciary security

“Michigan probate bond” covers more than one mechanism — the trigger and the formula both change depending on which role and which statute applies.

Michigan fiduciary bond mechanisms

Personal representative bonds and conservator bonds are triggered — and calculated — differently

Mechanism	When it applies	How the amount is set	Governing statute
Personal representative (executor/administrator)	Not required by default; requires a §3605 demand, a will clause, or a formal-proceedings court order	Register's oath-based estimate of personal property value + expected income; bond not less than that figure	MCL 700.3603, 700.3604, 700.3605
Conservator	Mandatory once liquid estate exceeds the §3982 small-estate threshold, absent a court-recorded exception	Aggregate capital value in conservator's control + 1 year's estimated income − restricted securities − unsellable land	MCL 700.5410
Alternative: cash/collateral deposit	Available to personal representatives in place of a bond, at the court-set amount	Deposited with the county treasurer; ties up estate liquidity instead of paying an annual premium	MCL 700.3603(3)

Guardian and trustee bonds fall under related EPIC provisions and typically follow the personal representative's demand/court-order pattern rather than the conservator's mandatory threshold.

Personal representative bondsNational guide to the executor/administrator umbrella term Conservatorship bondsThe estate-plus-income formula in depth Executor bondsNamed-in-the-will fiduciaries Administrator bondsIntestate estates, no named executor

Personal representative bond: the register's estimate

When a bond is required under §§ 3603 or 3605 and neither the will nor a court order fixes a specific figure, MCL § 700.3604 requires the qualifying personal representative to file a sworn, oath-based statement with the register estimating the value of the decedent's personal estate and the income it's expected to generate. The bond — or other suitable security accepted by the register — must be for not less than that estimate.

MCL § 700.3604 — personal representative bond estimate

Worked Example

Given$350,000 in personal property, $12,000 in expected annual income (rents, dividends)

$350,000 + $12,000

Bond Amount$362,000 minimum bond

Given$350,000 in personal property, $12,000 in expected annual income (rents, dividends)

$350,000 + $12,000

Bond Amount$362,000 minimum bond

MCL § 700.3604. The register verifies the estimate and confirms suitable security — a corporate surety, personal sureties with pledged property, or a real-property mortgage.

That figure can shrink if estate property is deposited with a Michigan financial institution under restrictions that block withdrawal without a court order — the register can reduce the bond by that deposited amount. Either the personal representative, an interested party, or the court itself can later petition to adjust the amount, release sureties, or substitute a different form of security as the estate changes.

Conservator bonds: mandatory past a threshold, then formula-driven

Conservator bonds don't wait for a demand. MCL § 700.5410 requires the court to order a bond once the cash and readily-convertible-to-cash property in the conservator's control exceeds the small-estate threshold set by MCL § 700.3982 (a figure adjusted annually for inflation under MCL § 700.1210) — unless the court documents an exception on the record. When the bond is required, the formula differs from the personal representative estimate above: it starts from the estate's full capital value, not just a register's estimate.

MCL § 700.5410 — conservator bond amount

Worked Example

Given$600,000 estate under control, $18,000 estimated annual income, $50,000 in court-restricted securities

$600,000 + $18,000 − $50,000

Bond Amount$568,000 bond

Given$600,000 estate under control, $18,000 estimated annual income, $50,000 in court-restricted securities

$600,000 + $18,000 − $50,000

Bond Amount$568,000 bond

MCL § 700.5410. Excludes securities deposited under arrangements requiring a court order for removal, and land the conservator lacks power to sell or convey without court authorization.

Three narrow exceptions can excuse the bond even above the threshold: the liquid estate is held in a restricted account at a financial institution that blocks withdrawal without court order; the conservator already holds trust powers under § 4401 of the banking code; or the court finds — and records its reasons — that requiring a bond would create a financial hardship for the estate. Courts may also accept a pledge of securities or a real-property mortgage instead of a traditional surety bond.

The bond names the State of Michigan, not the county probate court

A detail worth knowing before you fill out the SCAO form: MCL § 700.3606(a) requires the bond to name the State of Michigan as obligee, held for the benefit of the persons interested in the estate — not the individual county probate court handling the matter, and not any one heir. It's filed with your county's probate register on the SCAO-approved Bond of Fiduciary form (PC 570), but the obligee on the document itself is the state.

Sureties who execute a Michigan fiduciary bond are jointly and severally liable with the fiduciary and with each other under § 3606(b), and by signing they consent to the probate court's jurisdiction over bond disputes. Critically, § 3606(e) means the bond isn't exhausted after a single claim — it can be proceeded against repeatedly, over time, until the full penal sum is used up. A successor fiduciary or interested person can petition against the surety directly if the bond's conditions are breached.

Official Michigan Requirements

"A bond shall name the state of Michigan as obligee for the benefit of the persons interested in the estate and shall be conditioned upon the faithful discharge by the fiduciary of all duties according to law."

Michigan Legislature — Estates and Protected Individuals Code • MCL § 700.3606(a)

What it actually costs, and how to file it fast

The bond amount from § 3604 or § 5410 is the coverage figure, not the premium. Qualified fiduciaries typically pay 0.5% to 1.5% per year of that amount, underwritten largely off personal credit since most Michigan probate bonds don't require collateral. For the full mechanics of how carriers price that percentage, see our surety bond cost guide and the probate bond cost by state breakdown. Want the math run on your own estate and income figures before you have a firm court order? Use the probate bond cost estimator or the probate bond calculator.

Confirm whether a bond is actually required

Check the will for an express bond clause, whether a §3605 demand has been filed, and whether the probate court ordered bond on its own findings in a formal proceeding. No trigger, no bond needed.

Get the register's estimate or the court order

Personal representative bonds need the oath-based personal-property-plus-income estimate filed with the register under §3604. Conservator bonds use the court-set §5410 figure.

Apply with the fiduciary's details

A quick credit review of the fiduciary and a look at the estate. Most Michigan probate bonds are approved within hours through a Treasury-listed surety.

File the executed PC 570 bond with the register

We issue the bond on Michigan's SCAO-approved Bond of Fiduciary form, naming the State of Michigan as obligee, so Letters of Authority can be issued.

Adjust if the estate or the demand changes

A §3605 demand filed mid-administration, a change in estate value, or a conservator's liquid assets crossing the §5410 threshold can all trigger a new or amended bond — send us the change and we handle the rider.

Have a §3605 demand, a court order, or an estate value in hand? We'll write the bond to the exact figure and file it.

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Other Michigan fiduciary bonds you may also need

Michigan estates and protected individuals often need more than one of these:

Guardianship bondsProtecting a minor or incapacitated ward's assets Trustee & estate bondsTestamentary trustee coverage in depth Fiduciary bonds hubEvery fiduciary role that requires bonding Michigan surety bondsEvery bond type Michigan requires, in one place

Handling an estate with property in more than one state? See how New York's SCPA §801 formula compares — New York presumes bond and lets a waiver control it, the reverse of Michigan's demand-driven model.

Michigan probate bond questions: demands, thresholds, and forms

Does a Michigan personal representative need a bond by default?

No — and this is the opposite default from most states. MCL 700.3603(1) says bond is not required of a personal representative appointed in informal proceedings, except when a special personal representative is appointed or the will expressly requires bond. Even in formal proceedings, MCL 700.3603(2) lets the court order bond at appointment, but the court cannot order it over a will that relieves the personal representative of bond unless an interested person requests bond and the court is satisfied it's needed. So the honest starting position for most Michigan estates is: no bond, unless one of those specific triggers fires.

Who can actually force a bond, and how fast do I have to file it?

Under MCL 700.3605, a person with an interest in the estate worth more than $30,000, or a creditor with a claim over $30,000, can submit a written demand for bond to the probate register. Once that demand is filed, you have 28 days to give suitable bond. Miss the deadline and the statute treats it as cause for removal and appointment of a successor personal representative. Between the demand and the bond being filed, your fiduciary powers are also restricted — you can act only as necessary to preserve the estate, not to distribute or sell assets.

How is the bond amount calculated once one is required?

For personal representatives, MCL 700.3604 requires an oath-based estimate — filed with the register — of the value of the decedent's personal estate and the income it's expected to produce, and the bond (or other suitable security) has to be for not less than that estimate. For conservators, MCL 700.5410 uses a related but distinct formula: the aggregate capital value of estate property in the conservator's control, plus one year's estimated income, minus the value of securities held under a restricted arrangement and any land the conservator lacks power to sell without court authorization.

Is a Michigan conservator bond optional the way a personal representative's is?

Less so. MCL 700.5410 flips the default: once the cash and readily-cash-convertible property in the conservator's control exceeds the small-estate threshold defined by MCL 700.3982 (adjusted annually for inflation under MCL 700.1210), the court must require a bond — it isn't discretionary at that point. The court can still excuse it if the liquid estate is restricted at a financial institution in a way that blocks withdrawal without court order, if the conservator already holds banking-code trust powers, or if the court finds bond would impose a financial hardship and puts its reasons on the record.

Can I avoid a bond by depositing cash with the county instead?

For personal representatives, yes — MCL 700.3603(3) lets a personal representative deposit cash or approved collateral with the county treasurer, in an amount the court sets, to secure faithful performance in place of a bond. It's a real alternative, but it ties up estate cash for the length of the administration rather than paying a smaller annual premium, so it usually only makes sense for shorter administrations or fiduciaries who can't qualify for bond underwriting.

Who is actually protected by a Michigan fiduciary bond — the court or the heirs?

Neither one holds it directly. MCL 700.3606(a) requires the bond to name the State of Michigan as obligee, for the benefit of the persons interested in the estate — not the county probate court and not any individual heir. Practically that means a beneficiary or successor fiduciary who wants to make a claim on the bond petitions the probate court, which can then order the surety to indemnify the estate; under MCL 700.3606(e) the bond stays enforceable and isn't exhausted after a single recovery — it can be proceeded against repeatedly up to the full penal sum.

Reviewed by

Eric Drummond, Licensed Surety Producer

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All content is researched from official state and federal sources (.gov). BuySuretyBonds.com works with Treasury-certified, A-minimum rated surety carriers.

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General information, not legal, tax, or underwriting advice. Michigan probate and fiduciary bond requirements, amounts, forms, and thresholds are set by the Estates and Protected Individuals Code (MCL §§ 700.3603, 700.3604, 700.3605, 700.3606, 700.3982, 700.5410, 700.1210), the State Court Administrative Office's approved forms, and each county probate court, and they change over time. Confirm the current requirement with the probate register handling your matter, and request a quote for your specific bond form and amount.

Triggered by a demand, a will, or the court — we write to whichever one applies

Tell us your role, county, and the estate or court-set figure. We write the bond naming the State of Michigan as obligee on the SCAO-approved form, file it with your register fast, and handle riders when a demand, a threshold, or an amended order changes the number — free quote, no obligation.

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