2020 Revised Code of Washington
Title 11 - Probate and Trust Law
Chapter 11.28 - Letters Testamentary and of Administration.
11.28.185 Bond or other security of personal representative—When not required—Waiver—Corporate trustee—Additional bond—Reduction—Other security.
When the terms of the decedent's will manifest an intent that the personal representative appointed to administer the estate shall not be required to furnish bond or other security, or when the personal representative is the surviving spouse or surviving domestic partner of the decedent and it appears to the court that the entire estate, after provision for expenses and claims of creditors, will be distributable to such spouse or surviving domestic partner, then such personal representative shall not be required to give bond or other security as a condition of appointment. In all cases where a bank or trust company authorized to act as personal representative is appointed as personal representative, no bond shall be required. In all other cases, unless waived by the court, the personal representative shall give such bond or other security, in such amount and with such surety or sureties, as the court may direct.
Every person required to furnish bond must, before receiving letters testamentary or of administration, execute a bond to the state of Washington conditioned that the personal representative shall faithfully execute the duty of the trust according to law.
The court may at any time after appointment of the personal representative require said personal representative to give a bond or additional bond, the same to be conditioned and to be approved as provided in this section; or the court may allow a reduction of the bond upon a proper showing.
In lieu of bond, the court may in its discretion, substitute other security or financial arrangements, such as provided under *RCW 11.88.105, or as the court may deem adequate to protect the assets of the estate.
[ 2008 c 6 § 915; 1977 ex.s. c 234 § 5; 1974 ex.s. c 117 § 46.]
NOTES:
*Reviser's note: Chapter 11.88 RCW was repealed in its entirety by 2020 c 312 § 904, effective January 1, 2022.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.
RCW 11.28.185
Bond or other security of personal representative—When not required—Waiver—Corporate trustee—Additional bond—Reduction—Other security. (Effective January 1, 2022.)
When the terms of the decedent's will manifest an intent that the personal representative appointed to administer the estate shall not be required to furnish bond or other security, or when the personal representative is the surviving spouse or surviving domestic partner of the decedent and it appears to the court that the entire estate, after provision for expenses and claims of creditors, will be distributable to such spouse or surviving domestic partner, then such personal representative shall not be required to give bond or other security as a condition of appointment. In all cases where a bank or trust company authorized to act as personal representative is appointed as personal representative, no bond shall be required. In all other cases, unless waived by the court, the personal representative shall give such bond or other security, in such amount and with such surety or sureties, as the court may direct.
Every person required to furnish bond must, before receiving letters testamentary or of administration, execute a bond to the state of Washington conditioned that the personal representative shall faithfully execute the duty of the trust according to law.
The court may at any time after appointment of the personal representative require said personal representative to give a bond or additional bond, the same to be conditioned and to be approved as provided in this section; or the court may allow a reduction of the bond upon a proper showing.
In lieu of bond, the court may in its discretion, substitute other security or financial arrangements, such as provided under RCW 11.130.445, or as the court may deem adequate to protect the assets of the estate.
[ 2020 c 312 § 709; 2008 c 6 § 915; 1977 ex.s. c 234 § 5; 1974 ex.s. c 117 § 46.]
NOTES:
Effective dates—2020 c 312: See note following RCW 11.130.915.
Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901.
Application, effective date—Severability—1977 ex.s. c 234: See notes following RCW 11.20.020.
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.
