Savings bonds of someone who died

The Treasury's rule

If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate. If an estate is settled with a state small estate or summary procedure, the person named under that procedure can ask the Treasury to pay or reissue the bonds, with proof. If no court case and no state small estate procedure is used, a close relative (spouse first, then children, and so on) can apply as 'voluntary representative' with FS Form 5336, for $100,000 or less.

Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)

Three ways to claim

The rule above gives three routes, depending on the size of the holding and on whether the family is using a court. If the bonds and other securities held directly with the Treasury are worth more than $100,000, a court-administered estate is required. If a state small estate or summary procedure is used, the person named under that procedure can ask the Treasury to pay or reissue the bonds. If no court and no state procedure is used, a close relative can apply as a voluntary representative for $100,000 or less. A spouse comes first, then children, and so on.

The form

• FS Form 5336, Disposition of Treasury Securities Belonging to a Decedent's Estate Being Settled Without Administration

The form tells you which proof the Treasury wants. Read it before you start, and keep copies of the death certificate and anything you send.

How this fits with the state limit

The $100,000 line is a federal rule about the Treasury. It is separate from the limit of any state shortcut, and it does not change what a state counts. If the person had savings bonds, add their value to the other property when you check the state limit, and see whether your state lists securities as counted. Our guide on what counts toward the limit explains how states treat stocks, bonds and brokerage accounts. The state table below compares each state's main limit with the Treasury's line.

What states say about stocks, bonds and brokerage accounts

Stocks, bonds and brokerage accounts in the person's name alone are counted toward the small estate limit in 49 of the 49 states we cover, and left out in 0. 0 states have no clear rule for them. Savings bonds held directly with the Treasury are a separate matter from brokerage accounts, and the Treasury's own rule applies to them whatever your state counts. Check both rules.

Why this matters for a small estate

A family that uses a state small estate shortcut may think the state's limit is the only limit that applies. For savings bonds and other Treasury securities held directly with the Treasury, it is not. The Treasury applies its own line to the value of those securities at the date of death, and that value is judged by the Treasury, not by the bank or the court clerk in your state. Keep the list of bonds, their values and the proof of who you are and how you are related to the person, and ask the Treasury or a legal aid office before you sign anything about them.

Questions to bring to legal aid

• Are the bonds worth more or less than $100,000 in total?
• Can I use my state's small estate procedure for the bonds?
• Who comes first as a voluntary representative in my family?
• What proof will the Treasury ask for?

Where to get help

Because bonds are held at the federal level, the state court or the bank cannot decide for the Treasury. A court self-help center or a legal aid office can tell you which route fits. Every state page has a Free help section.