Washington Probate Bonds,
Handled Simply.

Probate in Washington is handled by the Superior Court in each of the state's 39 counties. The Superior Court appoints the personal representative, issues letters, and oversees administration. Many Washington estates are administered with nonintervention powers, which let a personal representative act without ongoing court supervision when the estate is solvent.

Washington is not a Uniform Probate Code state. It administers estates under Title 11 of the Revised Code of Washington. The estate fiduciary is called the personal representative, a term Washington uses for both an executor named in a will and an administrator appointed without one. The bond rule sits in RCW 11.28.185.

Washington imposes its own estate tax with an exemption of about $3 million, one of the lowest thresholds in the country, and graduated rates up to 20 percent. It is separate from the federal estate tax, so many Washington estates owe it. Washington has no inheritance tax.

When a Washington bond is required, the amount is set by the Superior Court under RCW 11.28.185:

• Court sets the amount: The personal representative gives a bond in the amount and with the surety the court directs, based on the value of the estate and its anticipated income.
• Payable to the State: The bond runs to the State of Washington and is conditioned on the faithful performance of the personal representative's duties.
• Other security allowed: In its discretion the court may substitute other security or a financial arrangement it considers adequate to protect the estate.
• Adjustable: The court may increase or reduce the bond as the estate is administered.

Washington waives the bond in several common situations. Under RCW 11.28.185:

• The will waives it: No bond is required when the terms of the will show an intent that the personal representative not be required to furnish bond or other security.
• Surviving spouse taking the estate: No bond is required when the personal representative is the surviving spouse or domestic partner and the entire estate, after expenses and claims, will be distributable to that spouse or partner.
• Corporate fiduciary: No bond is required when a bank or trust company authorized to act as personal representative is appointed.
• Otherwise at the court's direction: In all other cases, unless waived by the court, the personal representative gives a bond in the amount and with the surety the court directs.
• Nonresident representative: A nonresident personal representative must appoint a resident agent and, unless bond is waived, must file a bond approved by the court.

Qualifying in a Washington estate follows Title 11 and Superior Court practice:

• Bond before acting: When required, the bond is filed and approved before the personal representative enters on the duties of the office.
• Filed in the right county: The estate is opened in the Superior Court for the county where the decedent resided at death or owned property.
• Nonintervention powers: Where the estate is solvent, the court commonly grants nonintervention powers, which let the personal representative administer the estate with little further court involvement.
• Resident agent for nonresidents: A nonresident personal representative files a written appointment of a resident agent in the county of probate.
• Notices and accounting: The personal representative gives the required notices to heirs and creditors and prepares a final accounting unless it is waived.
• Bond stays in force: When required, the bond remains in effect until the estate is closed and the personal representative is discharged.

Because Washington waives the bond in many estates, especially those with nonintervention powers, a large share of estates pay no bond premium. When a bond is required, the cost is a premium paid to the surety company.

• Typical rate range: Most Washington probate bonds are priced at roughly 0.5% to 1% of the bond amount per year for well-qualified applicants. A $100,000 bond commonly costs between $500 and $1,000 per year.
• Tiered pricing: Rates step down as the bond grows, so larger estates pay a lower effective rate on the amount above the first tier.
• Minimum premium: Many sureties apply a minimum premium of about $100 to $150 for small bonds.
• Credit impact: For bonds of $25,000 or more, credit history and whether the estate has an attorney are considered. Smaller bonds are typically issued without a credit review.
• Annual renewal: Washington estates can stay open across more than one year, so the premium is charged annually until the personal representative is discharged.
• Premium as an estate expense: Washington courts generally allow the bond premium to be paid from estate assets as a cost of administration.

Beyond the standard personal representative bond, Washington probate practice uses several additional bond types:

• Administrator Bond: The personal representative bond in an intestate estate, where there may be no will to waive the bond.
• Executor Bond: The bond of a personal representative named in a will, required unless the will waives bond or another exception applies.
• Special Administrator Bond: The bond of a special administrator appointed to preserve estate assets before a general personal representative qualifies.
• Nonresident Representative Bond: A bond a nonresident personal representative files, along with the appointment of a resident agent, unless the bond is waived.
• Guardian Bond: A guardian of the estate of a minor or an incapacitated person is generally required to post a bond tied to the value of the protected estate.

Washington does not run a licensing board for private professional fiduciaries, but Title 11 places clear duties on every personal representative:

• Fiduciary duty: The personal representative must administer the estate honestly and promptly and act in the best interests of the estate and its beneficiaries.
• Nonintervention authority: With nonintervention powers the personal representative acts with broad authority, which makes a bond, where required, an important protection.
• Court protection power: An interested person may ask the court to require a bond or to limit the personal representative's authority for good cause.
• Plan for the estate tax: Because Washington's estate tax exemption is about $3 million, the personal representative should determine early whether a Washington estate tax return is required.
• Guardians: A guardian of the estate serves under continuing Superior Court supervision, files inventories and accounts, and maintains any bond the court sets.

• Adams, Superior Court (Ritzville)
• Asotin, Superior Court (Asotin)
• Benton, Superior Court (Prosser)
• Chelan, Superior Court (Wenatchee)
• Clallam, Superior Court (Port Angeles)
• Clark, Superior Court (Vancouver)
• Columbia, Superior Court (Dayton)
• Cowlitz, Superior Court (Kelso)
• Douglas, Superior Court (Waterville)
• Ferry, Superior Court (Republic)
• Franklin, Superior Court (Pasco)
• Garfield, Superior Court (Pomeroy)
• Grant, Superior Court (Ephrata)
• Grays Harbor, Superior Court (Montesano)
• Island, Superior Court (Coupeville)
• Jefferson, Superior Court (Port Townsend)
• King, Superior Court (Seattle)
• Kitsap, Superior Court (Port Orchard)
• Kittitas, Superior Court (Ellensburg)
• Klickitat, Superior Court (Goldendale)
• Lewis, Superior Court (Chehalis)
• Lincoln, Superior Court (Davenport)
• Mason, Superior Court (Shelton)
• Okanogan, Superior Court (Okanogan)
• Pacific, Superior Court (South Bend)
• Pend Oreille, Superior Court (Newport)
• Pierce, Superior Court (Tacoma)
• San Juan, Superior Court (Friday Harbor)
• Skagit, Superior Court (Mount Vernon)
• Skamania, Superior Court (Stevenson)
• Snohomish, Superior Court (Everett)
• Spokane, Superior Court (Spokane)
• Stevens, Superior Court (Colville)
• Thurston, Superior Court (Olympia)
• Wahkiakum, Superior Court (Cathlamet)
• Walla Walla, Superior Court (Walla Walla)
• Whatcom, Superior Court (Bellingham)
• Whitman, Superior Court (Colfax)
• Yakima, Superior Court (Yakima)