Short answer. The bond, in a court-set amount, must be conditioned on the special administrator making and returning a true inventory of the estate that comes into their possession or knowledge, truly accounting for it when required, and delivering it to whoever is later appointed executor or administrator.
What the law says
A special administrator before entering upon the duties of his trust shall give a bond, in such sum as the court directs, conditioned that he will make and return a true inventory of the goods, chattels, rights, credits, and estate of the deceased which come to his possession or knowledge, and that he will truly account for such as are received by him when required by the court, and will deliver the same to the person appointed executor or administrator, or to such other person as may be authorized to receive them.
Rule 81, Section 4 — Bond of special administrator. Read the full provision →
A bond before entering upon the trust
A special administrator cannot start acting on the estate before posting a bond, in whatever sum the court directs, which is conditioned on specific, enumerated promises rather than a generic guarantee of good conduct, and which functions as security for the estate for as long as the special administration lasts. The court sets the amount case by case, weighing the apparent size and nature of the estate, so the bond is meant to be scaled to the actual risk of loss during the interim administration rather than fixed by a one-size formula.
Three conditions built into the bond
The bond commits the special administrator to making and returning a true inventory of the deceased's goods, chattels, rights, credits, and estate that come into their possession or knowledge, to truly accounting for what they receive whenever the court requires it, and to delivering the estate to whoever is later appointed executor or administrator, or to another authorized person. These three duties trace the full life cycle of a special administration: first cataloguing what exists, then remaining answerable for it on demand, and finally handing it over intact once a regular administrator takes over.
Why the bond matters
Because a special administrator holds the estate on a temporary and preservative basis, the bond is the mechanism that gives the heirs and creditors recourse if the special administrator mishandles the property or fails to hand it over properly once a regular executor or administrator is finally appointed by the court. Without it, a role meant purely to safeguard the estate during the gap before a regular appointment could instead become a source of loss, with no financial backstop for the very people the special administration exists to protect.
Related provisions
- Rule 81, Section 4 — Bond of special administrator
- Rule 81, Section 3 — Bonds of joint executors and administrators