Who must file a written waiver of the bond requirement if there is no will?

The requirement to file a written waiver of the bond typically falls on all heirs when there is no will. In cases of intestacy, where no valid will exists to outline the distribution of the estate, all heirs have a vested interest in the estate and its administration. A bond serves as a form of insurance protecting the estate from potential mismanagement by the personal representative. However, if all heirs agree to waive the bond, they must provide written consent to ensure that the personal representative can proceed without the financial encumbrance of a bond.

This collective consent reflects the heirs' trust in the personal representative to manage the estate, understanding that they are legally entitled to oversee its distribution. Therefore, the necessity for a written waiver from all heirs ensures that their rights and interests are acknowledged and protected in the absence of a will.