This article covers the Bond & Nonintervention Powers tab in the Intestate Probate Opening Package.
This tab determines the level of financial protection and court supervision that will apply to the estate administration. It addresses three related subjects: bond requirements, nonintervention authority, and solvency of the estate.
The asset search the Petition must describe is on the Asset Search tab, just before this one. See this article for details.
Your selections here directly affect the Petition, the proposed Order, and the scope of authority granted to the Administrator.
Serving with Co-Administrators? A bond exemption under RCW 11.28.185 applies only to the Petitioner who qualifies for it. When only some of the Petitioners are exempt, the bond questions are divided into The Client and Other Co-Administrators sections. See this article for details.
Bond
A probate bond is a form of insurance intended to protect heirs and creditors from losses caused by an Administrator’s misconduct or mismanagement. Whether bond is required, and in what amount, is governed by RCW 11.28.185 and ultimately determined by the court.
In intestate probate, there is no Will to waive bond. Bond exemption is governed exclusively by statute.
When Bond Is Automatically Exempt
Under RCW 11.28.185, bond is automatically exempt in two situations:
- The Petitioner is the surviving spouse who is the sole heir of the estate (the answer on the Case Details tab) and lives in Washington; or
- The Petitioner is an authorized bank or trust company under RCW 11.36.010.
When bond is exempt, the tab will display a confirmation and no further bond questions will appear.
In a Co-Administrator matter, the exemption applies only to the Petitioner who qualifies for it. When only some Petitioners are exempt, the exempt Petitioner’s section displays a note that the Petition claims the exemption, and the questions read How do you want to address bond for the Petitioners who are not exempt? and If the Court will not waive bond for the Petitioners who are not exempt, do you want to propose a bond amount? With exactly two Co-Administrators, the Petition’s reason for waiving bond is that the one who is not exempt cannot act without the exempt one, so no waiver reason is requested. Any bond is a single bond, given jointly and severally by the Petitioners who are not exempt.
Bond exemption is determined automatically based on the answers entered in earlier tabs, particularly your answer to the surviving spouse entitlement question on the Case Details tab. If bond is shown as exempt but you believe it should not be, review your Case Details answers before proceeding.
When Bond Is Not Exempt
When bond is not automatically exempt, the tab will display a notice confirming that no will exists to waive bond and that the Petitioner does not qualify for a statutory exemption. You must then choose how to address bond in the Petition.
Select this option to ask the court to exercise its discretion to waive bond under RCW 11.28.185.
You will be prompted to select the basis for the waiver request:
- The Petitioner is also an heir of the estate: The Petitioner has a personal financial interest in the proper administration of the estate.
- The cost of a bond is prohibitive for this small estate: The cost of obtaining bond is disproportionate to the estate’s value.
- Custom reason: Enter your own basis for the waiver request.
You may also include an alternate bond amount in case the court declines to waive bond. This adds fallback language to the Petition to avoid delay if the waiver is denied. Enter the alternate amount and a brief basis for that amount when prompted.
Non-resident Petitioners may find it significantly harder to obtain a bond waiver. See RCW 11.28.185 and RCW 11.36.010 for the applicable standards.
Select this option to request that the court set bond at a specific amount.
Enter the requested bond amount and complete the sentence explaining why that amount is appropriate. The system does not calculate the bond amount automatically: you must determine and enter the amount.
Under RCW 19.72.030, bond is generally determined by the amount of property available to the Administrator over and above all liabilities, plus one year of income from all sources, less any blocked accounts.
Consents to Bond
Regardless of whether you are requesting waiver or a specific bond amount, you may elect to obtain consents from heirs or special notice recipients supporting your bond request. If selected, the system will generate consent language or standalone consent documents.
If those parties are also signing other waivers, consent regarding bond may be incorporated into those same documents. Bond consents are distinct from advance notice waivers and do not eliminate other notice obligations.
Nonintervention Powers
Nonintervention powers allow an Administrator to administer the estate without ongoing court supervision after appointment. When granted, the Administrator may act independently without returning to court for routine administrative actions.
Agile Estate Planning’s probate opening packages are structured for administration with nonintervention authority. The system does not support drafting a fully supervised probate in which nonintervention powers are not requested.
The tab asks whether you want to request nonintervention powers.
However, there are several situations where nonintervention powers are unavailable:
| Creditor petitioner | A principal creditor petitioner under tier (1)(f) may not petition for or be granted nonintervention powers under RCW 11.68.011. When the Decedent owed the Petitioner money under a contract or note, the tab displays a warning, and the Petition prints an ACTION REQUIRED note in place of the nonintervention paragraph. |
| Suitable Person | A Suitable Person petitioner may not receive nonintervention powers under EHB 2445. This system does not support Suitable Person petitions. |
| Insolvent estate | Nonintervention powers generally require that the estate be solvent. If the estate is insolvent, nonintervention powers are not appropriate and the system will display a warning. |
Solvency and Assets
This section asks whether the estate is solvent, meaning the estate’s probate and nonprobate assets exceed its known liabilities. Your response affects whether nonintervention authority is requested and whether solvency allegations are included in the Petition.
| Estate is solvent: Answer Yes | The system will ask whether you want to include approximate estate value and liability figures in the Petition to support the solvency allegation. This is optional but may be helpful in contested matters or where the court requests supporting detail. |
| Estate is insolvent: Answer No | Nonintervention powers are not available. This system does not currently support insolvent estate administration. |
When nonintervention powers are requested, the tab asks whether the Decedent owes the Petitioner (in a Co-Administrator matter, any of the Petitioners) money under a contract or note. Answering Yes displays a warning, and the Petition prints an ACTION REQUIRED note in place of the nonintervention paragraph under RCW 11.68.011(2)(c).
Confirm the estate’s financial posture before completing this section. The court relies on these representations in the Petition.