Probate is occurring in Washington state. Will an executor living outside of the state be required to post a bond?

Asked almost 2 years ago - Seattle, WA

Testator was Washington resident, and executor lives in Wisconsin. All property is in Washington. The testator waived the bond requirement in the will. Is bond nevertheless required because the executor lives out of state? If bond is required, how and by whom would the bond amount be determined?

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  1. Karl L. Flaccus

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    Answered . As a general rule, the fact that a will waives bond strongly suggests that a court will not impose a bond requirement, especially if the estate is solvent and no minors or disabled persons are beneficiaries. This is true for out-of-state executors as well as in-state. If bond were to be required by the court, it would generally be ordered by the judge at the initial hearing to appoint the executor (aka "personal representative"), with the amount set then. Much depends on the facts which one would communicate to his or her Washington probate lawyer. The Washington lawyer usually serves as the "resident agent" upon whom service of process can be made by third parties. Best of luck. Karl Flaccus

    This general discussion does not constitute legal advice. Please consult a Washington probate lawyer who will consider your specific facts.

    This information is intended as general information only, and does not establish an attorney-client relationship.... more
  2. Elizabeth Rankin Powell

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    Answered . The executor in WI needs to appoint an in-state agent here in WA to attend to the issues of the probate. It doesn't mean the executor has to post bond unless the Court requires it, but the simplest way to deal with this is with an in-state agent. Hope this helps. Elizabeth Powell

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  3. John S. Palmer

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    Answered . Section 11.28.185 of the Revised Code of Washington states: "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…then such personal representative shall not be required to give bond or other security as a condition of appointment." (Personal representative is synonymous with executor.)

    The PR will need to appoint a resident agent, but the attorney here in WA that he or she hires will typically agree to serve in the role.

    The response does not constitute specific legal advice, which would require a full inquiry by the attorney into... more

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