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:
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.