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 four related subjects: bond requirements, nonintervention authority, solvency of the estate, and the asset search conducted by the Petitioner.
Your selections here directly affect the Petition, the proposed Order, and the scope of authority granted to the Administrator.
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 entitled to receive the entire estate — meaning all property is community property and all children are joint children of both the decedent and the surviving spouse; 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.
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. In most intestate matters the answer is Yes.
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. The nonintervention powers request option will not appear for creditor petitioners. |
| 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. |
If the Decedent owed money to the Petitioner under a contract or note, you must disclose that relationship when prompted. This affects the solvency analysis, the Petition's factual allegations, and the court's evaluation of independent administration.
Confirm the estate's financial posture before completing this section. The court relies on these representations in the Petition.
Asset Search
Under RCW 11.28.110 as amended by EHB 2445 (effective June 11, 2026), the Petition must describe the asset search conducted by the Petitioner. This section collects that information.
Exemption From Describing Major Assets
Tier (1)(a) and tier (1)(b) petitioners — surviving spouses, persons designated by the surviving spouse, and next of kin — are exempt from the requirement to describe the major probate assets of the estate in the Petition under RCW 11.28.110(3). If this exemption applies, the tab will display a notice confirming it.
Tier (1)(c), (1)(d), and (1)(f) petitioners are not exempt. The Petition must include a general description of the major probate assets identified, including real property, motor vehicles, and any property or interest estimated to exceed $10,000 in value.
Asset Search Method
All petitioners must describe how the asset search was conducted regardless of whether the major asset description exemption applies. Select the method used:
| Family only | The search included a review of the decedent's personal records and belongings, and communications with members of the decedent's family. |
| Family and county records | The search included a review of the decedent's personal records and belongings, communications with family members, and a review of real property records in the decedent's county of residence. |
| No family relationship | The search included a review of the decedent's available personal papers and records, communications with the decedent's known family members and advisors, and a review of real property records in the decedent's county of residence. Use this option when the Petitioner has no personal family relationship with the decedent. |
| Custom | Describe the search conducted when none of the standard options accurately reflects the facts. |
The asset search method selected here feeds directly into the petition language. Select the option that most accurately describes the actual search conducted.
Major Asset Description — Tiers (1)(c), (1)(d), and (1)(f)
If the Petitioner is not exempt from describing major assets, enter a general description of the major probate assets identified in the search. Include:
- Real property
- Motor vehicles
- Any individual asset or interest estimated to exceed $10,000 in value
This description goes directly into the Petition. A full inventory will be required after appointment regardless of what is described here.