Alaska: Do Administrators Have to Post a Probate Bond, or Can Interested Persons Waive It?

Detailed Answer — When a probate bond is required and when it can be waived under Alaska law

Under Alaska law, the court generally requires a fiduciary who is appointed to administer an estate (called a personal representative or administrator) to give a probate bond unless a clear statutory or court-authorized waiver applies. The governing rules for probate administration are found in Alaska Statutes, Title 13 (Probate). See Alaska Statutes, Title 13: https://www.akleg.gov/basis/statutes.asp?title=13, and the Alaska Court System’s probate information: https://www.courts.alaska.gov/shc/probate.htm.

Key points:

• The court usually sets a bond amount to protect estate creditors and beneficiaries. The bond is security that the personal representative will properly manage estate assets and follow court orders.
• A will may expressly waive bond for a named personal representative. If a valid will contains an express waiver of bond, the court will generally honor that provision, subject to the court’s power to require bond when the court finds it necessary to protect the estate.
• In intestate cases (no will), interested persons (heirs and beneficiaries) can often agree in writing to waive bond. To be effective, the waiver(s) should be in the form the court accepts and be filed with the probate petition so the court can determine whether to allow the waiver.
• The court retains discretion. Even with a will waiver or unanimous written waivers by heirs, the court can refuse to waive bond or can require a reduced bond if circumstances make a bond necessary (for example, a large estate, complex assets, disputes, or creditor concerns).
• If the court requires assurance without a surety bond, it may accept alternatives: a cash bond, property as security, or a corporate surety bond. The court sets acceptable forms and amounts.

How this works in practice (typical process):

1. File a petition for letters of administration with the probate court in the appropriate Alaska superior court. The petition asks the court to appoint you as administrator.
2. If there is no will, the heirs who are entitled to inherit can sign written waivers of bond. Attach those waivers to the petition. If there is a will that expressly waives bond, attach the will or cite the will provision to the court.
3. The court reviews the petition, any waivers, and the estate facts. The court will either order bond (set the amount and acceptable form) or allow the waiver and issue letters without bond. The judge may still require a bond despite waivers if warranted.
4. If a bond is required, you must obtain the chosen form of bond (individual, surety/corporate, or property/cash security) and submit it before receiving letters and access to estate assets.

Common scenarios with practical outcomes

• Small, uncontested estate; all adult heirs sign written waivers and there are no creditor concerns: the court commonly waives bond.
• Large estate, potential creditor claims, or disagreement among heirs: the court is more likely to require a bond to protect the estate.
• Will names a trusted person and expressly waives bond: the court usually honors the will’s waiver unless there is evidence of fraud, undue influence, or other risk that makes a bond necessary.

Because specific statutory subsections and local court rules control procedure and acceptable waiver language, check the Alaska statutes and local court clerk’s guidance when preparing filiings. See Alaska Statutes, Title 13 and the Alaska Court System probate pages:

• Alaska Statutes, Title 13 (Probate)
• Alaska Court System — Probate information and forms

Bottom line: You may be able to avoid posting a bond in an intestate administration if all interested persons (heirs and beneficiaries) provide proper written waivers that the court accepts. However, the court has the final say and can require a bond despite waivers if the judge believes the estate needs protection.

This explanation is a general overview to help you understand how probate bonds and waivers typically work in Alaska. It is not legal advice.

Helpful Hints

• Contact the probate clerk in the superior court for the borough where the decedent lived — clerks can provide local forms and guidance for filing petitions and waivers.
• Use clear, signed, written waivers from each interested person. Oral agreement is not sufficient; file the waivers with the court record.
• If any heir is a minor, incapacitated, or not able to sign, that person generally cannot effectively waive bond — tell the court and obtain guidance about representation or a guardian.
• Expect the court to look at estate size, types of assets (cash vs. real estate vs. business interests), creditor exposure, and any family disputes when deciding on a bond.
• If the court requires a bond, shop for a reputable surety company or ask whether the court will accept alternative security (cash or property). Surety bonds are common and often less costly upfront than cash security.
• Keep detailed records and follow court orders closely — bond (when required) protects beneficiaries and creditors and helps avoid personal liability for estate losses.
• When in doubt, consult a probate attorney licensed in Alaska to review the estate facts and the proposed waivers before filing. An attorney can draft conforming waiver language and advise about the risk of waiving bond.

Reminder: This article is informational and educational only and does not create an attorney-client relationship. It is not legal advice. For advice about a specific estate in Alaska, consult a licensed Alaska attorney or the local probate court.