Detailed Answer
Short answer: In Washington, courts generally require a bond from a personal representative (the person appointed to administer an estate when there is no will). The court can waive that bond if the law or the court allows it — for example, if all interested persons (heirs) knowingly and voluntarily consent and the court approves. The court retains discretion and may require a bond despite agreement if it finds a bond is necessary to protect the estate.
This section explains how bond requirements usually work, what options exist for avoiding or reducing a bond, and practical steps to follow.
What the court expects
When someone asks the probate court to be appointed to administer an intestate estate, the court typically issues letters of administration and requires the appointee to give a fiduciary bond. The bond protects the estate against loss caused by the personal representative’s improper acts, mistakes, or theft. The court sets the bond amount based on the court’s estimate of the estate’s value and potential liability.
When bond can be waived
The court may excuse or reduce the bond if the interested persons agree in writing or if another statutory basis allows waiver. Common situations where a bond is waived or reduced:
- All heirs or other persons entitled to receive part of the estate sign written waivers or consents filed in the probate case.
- A will (if there were a will) contains an explicit waiver of bond for the nominated personal representative — though this item applies less to intestate cases, it shows the typical waiver mechanism.
- The court finds cause to excuse the bond because the estate poses little risk (for example, the value is low, assets are secure, or there is a highly trusted appointee and full disclosure by interested persons).
Court discretion and protections
Even if everyone signs a waiver, the court will usually review the circumstances before excusing a bond. The judge looks at factors such as:
- Completeness of the heirs’ consents (are all necessary persons signing?).
- Location and type of assets (large liquid assets or property that can be quickly dissipated increase risk).
- Any potential claims or disputes (creditors, unknown heirs, missing heirs, or contested facts).
If the judge concludes the estate needs protection, the court can require bond despite written waivers.
Alternatives and ways to reduce bond
- Obtain a surety bond from a bonding company (most common). The estate pays a premium to a bonding company, which issues the bond to the court.
- Supply other security acceptable to the court (sometimes cash or a property lien), if the court permits an alternative form of security.
- Ask the court for a reduced bond amount with written consents and clear documentation of the estate’s value and creditor situation.
- Use small-estate procedures (when eligible) to avoid formal administration and the bond requirement entirely. Small-estate rules have dollar limits and procedural conditions.
Practical steps to follow
- Identify all heirs and interested persons. Make sure you know who must give written consent for a bond waiver.
- Prepare and file the petition for appointment as personal representative (letters of administration). Include any proposed waivers of bond signed by interested persons.
- Provide the court with an inventory or estimate of the estate’s assets so the judge can assess risk and set or excuse a bond appropriately.
- If the court requires a bond, contact a surety agent to obtain the bond. Compare premiums and confirm the bond meets court requirements.
- If you believe the estate qualifies for simplified or small-estate procedures, confirm the requirements and file the correct affidavit or form to avoid formal probate.
Relevant Washington statutes and resources
Washington’s probate statutes are in Title 11 of the Revised Code of Washington (RCW). The statutes set out how personal representatives are appointed, the court’s power to require or excuse bond, and small-estate procedures. See the Washington statutes for probate at the state legislature’s website:
Revised Code of Washington, Title 11 (Probate)
Note: Specific statutory sections address bonds, appointment of personal representatives, and small estate rules. The court’s local probate clerk or an attorney can point to the sections that apply to your situation and explain county-specific practices.
Hypothetical example
Example: Anna passes away without a will. Her adult children agree that Mark should serve as personal representative. They all sign written waivers consenting to no bond and file those consents with the court. The estate’s assets consist mainly of a house and minimal cash. The judge reviews the file, confirms all heirs signed, and finds no creditors or competing claims. The judge may accept the consents and excuse the bond. If, however, a creditor appears or an heir is missing, the court may require Mark to post a bond to protect the estate.
When to get legal help
Consider consulting a probate attorney if:
- Heirs disagree or some heirs cannot be located.
- The estate holds substantial liquid assets or there is a risk of creditors.
- You need help preparing waivers or petitions for the court.
Disclaimer: This article explains general Washington probate principles and does not provide legal advice. It is not a substitute for an attorney’s advice about your specific circumstances. If you need legal advice, contact a licensed Washington attorney.