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WA-Probate > Probate Instructions > Opening the Estate > Avoiding Posting Bond
A Probate Bond is in effect an insurance policy in which the bonding (ie, surety) company guarantees up to the limits of the policy that a Personal Representative (or Guardian) will administer an estate according to law. Unless:
Decedent's Will waives Bond, or
Decedent's surviving spouse is the Personal Representative and only heir, ...
the Court usually requires a Personal Representative to post a Probate Bond to ensure that the estate's creditors, heirs, and beneficiaries receive the funds or distributions to which they are entitled. One local bonding company's premiums are as follows:
| Policy Limit | Annual Premium |
| $10,000 | $100 |
| $20,000 | $110 |
| $50,000 | $260 |
| $100,000 | $460 |
| $250,000 | $985 |
| $500,000 | $1,610 |
No Bond is required in any of the following
circumstances (
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Decedent died testate and his/her Will
waives Bond ...", or
Decedent's surviving spouse is the Personal
Representative and sole taker (ie, heir or beneficiary) of the
estate, or
Decedent's Personal Representative is a bank
or trust company, or
The Court waives Bond, which the Court:
May do for a Washington resident
Personal Representative, but
Cannot do for a non-resident Personal Representative. RCW 11.36.010
C. Implications on a Non-Resident Personal Representative
According to these two statutes, a non-resident Personal Representative is required to:
Post Bond unless he/she falls under any
of the first three of the foregoing exceptions, and
File a Designation of Resident Agent for service of process on the estate.
If you can't meet any of the above criteria
for avoiding a Bond,
then several alternatives remain:
1. Obtain a Waiver of Bond from all the
Heirs, Beneficiaries, Creditors, and administrative expense Claimants.
Note, however, that this is not a legal
exception to the Bond requirement and its only purpose is to provide support
for your argument that the Court itself should waive Bond.
And since
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2. Make your best argument that the Court should waive Bond. § 1.2.5 of the 2003 King County Probate & Guardianship Policy Manual provides as follows:
Consequently, the effectiveness of a Waiver of Bond
or the success of your argument that Bond should be waived
will likely depend on your showing a lack of need for a Bond, such that all
the Heirs or Beneficiaries are adults and no significant creditor or estate
solvency issues are present. Again, this alternative would appear
hopeless for a non-resident Personal Representative.
3. Deposit Funds into a Blocked Account. As an alternative to posting Bond or to reduce the amount of
Bond that may be required to be
posted, you might deposit any significant cash or securities
in what is known as a "blocked account" at a bank or brokerage.
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Advantage:
Deposits in blocked accounts are not subject to bonding requirements.
Disadvantage: You will eventually need to return to Court for an Order to unblock the account and obtain its funds.
If you must post Bond, King County requires that:
Its amount shall be "the sum of the value of the personal property (exclusive of cash or other
securities held by a depository authorized by [
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It must be presented to the Court for approval. § 1.2.4 Practically speaking, this means that the Superior Court Clerk's Office will not accept a Bond for filing (and won't issue Letters if a Bond is required) without a Judge having signed the Bond.
In King County, two surety companies are known to (ie, may, not will) issue Probate Bonds to the public depending upon the applicant, his/her financial status, and other factors:
Bonding companies have recently suffered increased claims in probate and guardianship estates, generally in those administered by pro se Personal Representatives and Guardians. As a consequence, many have stopped issuing Probate Bonds to pro ses, and those that remain have become less willing to issue a Probate Bond to a pro se Personal Representative or Guardian and have increased their requirements for doing so.