Detailed Answer
Short answer: Yes — Washington courts generally require an administrator (personal representative) to post a probate bond when appointed to administer an intestate estate. But the court can accept alternatives or waive or reduce the bond in some situations, and there are limited procedures (including small‑estate procedures) that may avoid the need for traditional letters of administration and a bond entirely.
What a bond is and why the court requires it
A probate bond (sometimes called a fiduciary or administrator’s bond) is an insurance‑style guarantee that protects the estate, its creditors, and the heirs from loss caused by improper acts, mistakes, or theft by the person appointed to manage the estate. The court sets the bond amount to cover the likely exposure based on the probable value of estate assets.
Where Washington law addresses bonds
Washington’s probate rules and statutes in Title 11 govern appointment of personal representatives and bonding. See Washington Rev. Code, Title 11 (Probate): https://app.leg.wa.gov/RCW/title11/. Chapter 11.28 covers appointment and duties of personal representatives and related matters; see the chapter here: https://app.leg.wa.gov/RCW/default.aspx?cite=11.28. For small‑estate procedures that can avoid formal probate in limited circumstances, see chapter 11.62: https://app.leg.wa.gov/RCW/default.aspx?cite=11.62.
Typical rules you should expect
- Default rule: The court will require a bond for a personal representative appointed to administer an intestate estate, with the bond amount set to protect estate assets pending administration.
- Waiver by will: If a decedent’s will names a personal representative and expressly waives bond, the court usually accepts that waiver. (That option is not available for someone who died intestate because there is no will to contain a waiver.)
- Waiver by interested persons: In many cases the court may accept a written waiver or consent from all interested parties (heirs, spouse, beneficiaries) to dispense with or reduce the bond. The court will consider whether creditors or other parties might be prejudiced before approving such a waiver.
- Court discretion: The judge can order a bond reduced or increased, or dispense with it entirely, based on the circumstances — for example, the size and liquidity of the estate, the relationship and trustworthiness of the proposed administrator, whether all heirs agree in writing, or whether adequate security (cash or property) is posted.
- Alternatives to a surety bond: Instead of a surety company bond, the administrator sometimes can post other security acceptable to the court (for example, cash, a pledge of real property, or other approved collateral).
- Small‑estate options: If the estate qualifies for Washington’s small‑estate procedures (see RCW chapter 11.62), heirs may be able to collect assets or close the estate without formal appointment of an administrator or a bond. The small‑estate threshold and procedures are statutory and must be followed exactly.
How this works in practice — a simple hypothetical
Hypothetical: Your mother dies intestate. She leaves a house, a checking account, and some personal property. You are her adult child and ask to be appointed administrator. The court will normally require you to post a bond sized to protect the estate’s value. If you obtain a court‑approved surety bond through a bonding company, you will file the bond and receive letters of administration. If all of your siblings (the heirs) sign a written waiver consenting to appointment without bond and the court finds no danger to creditors or the estate, the judge may waive or reduce the bond requirement. If the estate is small and qualifies for the small‑estate affidavit process, you might avoid formal administration and a bond entirely.
Practical steps to seek waiver or reduction
- Identify heirs and creditors: Make a list of intestate heirs and any known creditors.
- Obtain written consents: Ask heirs to sign a written waiver or consent to dispense with bond; provide the court with those signed documents if you request a waiver.
- Prepare asset information: Provide the court an inventory or statement about the estate’s likely value and liquidity so the judge can evaluate risk to creditors and heirs.
- File a motion or ask at appointment: When you petition for appointment as administrator, request that the court waive or reduce the bond and explain the reasons (all heirs consent, small estate, cash assets only, etc.).
- Be ready to post alternative security: If the court is unwilling to waive the bond, it may accept alternative security (cash or real property pledge) if that is feasible.
When courts typically deny a waiver
The court is likely to require a bond (or decline a complete waiver) when:
- There are substantial or hard‑to‑value assets (business interests or unique real property).
- Creditors exist who might have claims against the estate.
- Not all interested persons consent to waiver or there is a dispute among heirs.
- The proposed administrator has a history or evidence of mismanagement, fraud, or conflict of interest.
Costs and logistics
A surety bond typically costs a percentage of the bond amount (often based on creditworthiness) and is purchased from a bonding company or insurance broker. If you post cash as the security, you must deposit the required amount with the court or otherwise follow the court’s instructions.
Helpful Hints
- Start by reviewing Washington’s probate statutes (Title 11) and the small‑estate statutes (chapter 11.62) so you understand statutory thresholds and procedures: RCW Title 11 (Probate).
- If there is no will, realize the will‑waiver option is not available; focus on obtaining written consents from heirs if you want a bond waiver.
- Talk to the probate clerk in the county where your mother lived — clerks can explain filing steps, local court forms, and whether your estate might qualify for small‑estate handling.
- If creditors may exist (medical bills, taxes, mortgage), expect the court to be cautious about waiving bond.
- Get quotes from surety companies early so you can estimate out‑of‑pocket bond costs if the court requires a surety bond.
- Document everything: heir consents, asset lists, and communications. Clear documentation makes a waiver or reduction request easier to present to the court.
- When in doubt, consult a Washington probate attorney or qualified legal aid resource to review the estate facts and recommend the best approach—especially for larger or complicated estates.