Alaska Probate Bond Requirements

An Alaska personal representative files a bond before appointment unless something excuses it, and something usually does. The Alaska Court System puts it in one line in its personal representative FAQ: "Yes, although usually either the Will or interested persons will waive bond." A will that waives bond, a signed waiver from every devisee or heir, a qualified organization serving as personal representative, or a court order each removes the requirement.

The Court System defines a bond as "a cash payment or pledge of property" that backs the personal representative's promise to carry out the job. Here is how Alaska handles it, step by step.

A note on sources. The Alaska Legislature's statute site does not serve our research tools, so we could not read the bond sections of the Alaska Statutes directly. Every rule on this page comes from the Alaska Court System, the court that applies them: its probate self-help pages and its probate forms, each read on September 28, 2026 with the form's revision date shown. Where a form prints a statute number in its footer, we give that number. Anything the Court System does not state, such as a premium rate, this page does not state either. For how the rules apply to one estate, ask the Superior Court clerk or a licensed Alaska attorney.

Situation	Bond needed?	Paperwork	Source
Will waives bond	No	Nothing extra	personal-rep-faq1.htm; P-315 item 9
Will, and every devisee waives	No	One P-334 per devisee (or a waiver on P-306)	personal-rep-faq1.htm; P-334
No will, and every heir waives	No	One P-334 per heir (or a waiver on P-306)	personal-rep-faq1.htm; P-325 item 9
Personal representative is a qualified organization	No	None listed	personal-rep-faq1.htm
Court waives bond	No	A request and an order excusing it	informal.htm; personal-rep-faq1.htm
None of the above	Yes	Proof of bond before appointment	personal-rep-faq1.htm; formal.htm
Written demand from someone with more than $1,000 at stake	Possibly, if the bond was not already waived or set	Demand filed with the court and sent to the personal representative	personal-rep-faq1.htm
Small estate affidavit (P-110)	No, nobody is appointed	Not applicable	affidavit route, AS 13.16.680 per P-110

Four Ways the Bond Is Waived

The FAQ answers "Do I have to file a bond to be appointed Personal Representative?" with a short list. You do not have to file bond if:

The will waived it. The person who died waived bond in the will. The informal request forms say "the will commonly waives the bond requirement," and the Informal Probate page says that if the will waived bond, you do not need to file a bond or any additional forms.
Every devisee or heir waived it. With a will, each person eligible to inherit under the will (a devisee) files a Waiver of Bond Requirement, form P-334. With no will, each heir files one.
The personal representative is a qualified organization. The FAQ lists this exception and does not define the term, so ask the clerk before relying on it.
The court waived it. The Informal Probate page lists asking the court to excuse the bond, and receiving an order excusing it, as one of the ways to address the requirement.

One detail trips up families without a will. A will waiver is only possible when there is a will. When someone dies without one, the Formal Probate page asks for proof of bond or a separate P-334 signed by each heir, and the no-will informal request, form P-325 (3/23), offers only two bond choices: ask the court to waive bond because all of the heirs agree, or ask the court to set an amount.

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Filing the Waivers: Form P-334 and Form P-306

Form P-334 (11/14), Waiver of Bond Requirement, is one page. Its footer cites AS 13.16.255. The signer waives "the requirement for the proposed personal representative or the person named in the will ... to post a surety bond." The form says to sign in front of a notary or court clerk and to bring ID.

Here is what to know before collecting signatures.

Everyone signs, not a majority. The form and the FAQ both say "all devisees" or "all heirs." The request forms say each person "must file a separate" waiver.
Nominations can carry the waiver. A person with equal or higher priority who nominates someone else on form P-306 (6/16), Nomination for Appointment of Personal Representative with Equal or Lower Priority, can check a box waiving "the requirement for the nominated person to post a surety bond." That person then does not also need a P-334. The P-306 footer cites AS 13.16.065.
File them up front. The FAQ says: "You should file all the bond waivers with your request to start a probate case."

The request forms build the choice in. Item 9 of P-315 (informal, with a will) and P-325 (informal, no will) and item 10 of P-320 (formal, with a will) each ask you to check whether no bond is needed because of a waiver, or to name a bond amount. The court's orders, such as P-316 for informal probate with a will, then say either "No bond is required" or "A bond is required in the amount of" a stated figure.

How the Amount Is Set

If you are not excused, the FAQ says the amount comes from one of three places:

the amount set out in the will,
the amount set by the court, or
your best estimate of the personal property of the person who died, not including real property, plus the income all of the property, real property included, will generate during the next year.

The request forms word it the same way: you ask the court to set a bond amount "because this amount covers the estimated value of the estate's property and income for the next year."

Let's break down the third option with round numbers. Suppose the decedent left a Fairbanks house worth $400,000 that rents for $24,000 a year, plus $60,000 in bank and brokerage accounts. The house value stays out of the estimate. The $60,000 goes in, and so does next year's income: the $24,000 in rent plus whatever the accounts earn. That points to a bond of about $84,000 plus the accounts' expected earnings, which the court still has to accept.

The court may also lower the figure. The FAQ says you can ask the court to reduce the bond if the decedent had assets at a bank or other financial company, held "in a way which protects them from misuse."

Posting the Bond

The FAQ lists three ways to file a bond:

Deposit the full amount with the court, in cash or property.
Pledge property worth at least as much as the required bond.
Ask for a reduction for protected bank assets, as described above.

The bond document itself has to do five things, according to the FAQ:

Describe the property you pledge.
Name the surety, if someone else stands behind your bond. The FAQ and the glossary define a surety as a person who financially backs your performance and pays if you fail your duties.
Name the "State of Alaska" as the "obligee."
State that the bond is for the benefit of all persons interested in the estate.
State that the bond is conditioned on the personal representative's faithful discharge of their duties.

The court decides whether the bond, the pledge and the surety are acceptable.

Timing matters. The court orders on P-316, P-321 and P-331 say the appointed personal representative "assumes the responsibilities after posting a bond, if required," and the court issues letters after the personal representative files form P-335, Acceptance of Duties. So a required bond comes before you can act for the estate.

Who Pays

The estate pays. On form P-335 (5/21), Acceptance of Duties by Personal Representative, the personal representative agrees to "pay required costs of administering the probate, including any bond." No Alaska Court System page or form prints a premium rate or a surety company schedule, so the price of a commercial bond is whatever the surety quotes.

When an Heir, Beneficiary or Creditor Demands a Bond

A waiver at the start does not always end the question. The FAQ answers "Can I ask the Personal Representative to post bond if I am an heir, beneficiary or creditor?" with yes, under these conditions:

More than $1,000 at stake. You must have an interest in the property of the person who died worth more than $1,000.
In writing, both places. You send the demand to the personal representative and file it with the court.
Limits. You cannot change a bond that has already been waived, is set by the will, or has been set by the court.
Powers freeze. Once the personal representative receives the demand, they cannot do anything as personal representative other than protect the estate until the bond is paid, the court waives it, or the person demanding it no longer has an interest in the estate.
Thirty days. If the personal representative does not post bond within 30 days, you can ask the court to remove them.

Form P-340 (11/17), Information to Heirs and Devisees, tells every heir and devisee whether a bond was filed. The personal representative checks either that no bond was filed "because the will, the court, or interested persons waived the requirement," or the amount of the bond filed. P-340 cites AS 13.16.360 and, per the Court System, goes out within 30 days of appointment. Read yours before deciding whether a demand makes sense.

Getting the Bond Back

The FAQ says you can ask the court to return the bond after you fulfill all of your duties as personal representative. You can also ask the court for a Certificate Discharging Liens Securing Fiduciary Performance, which you can use to release pledged property if necessary. The closing steps that come before that request are covered with the personal representative's duties.

Out-of-State Personal Representatives

A personal representative appointed in another state can file form P-312 (2/17), Domiciliary Foreign Personal Representative's Statement, which cites AS 13.21.030, .035 and .040. On that form the filer either attaches an authenticated copy of the bond given in the out-of-state case, or states that no bond was required because the will did not require one or the appointing court waived it. The form also requires that no estate case exists or is pending in Alaska.

When No Bond Question Arises

The small estate affidavit route skips all of this. The Court System titles that route "Collecting Personal Property without a Court Case," and the affidavit in form P-110 reproduces AS 13.16.680. No case opens and nobody is appointed, so no appointment bond applies. The affidavit has its own caps and conditions, explained in the Alaska small estate affidavit guide.

Next Steps If You Are Opening an Estate

Work through this in order.

Read the will for a bond waiver. If it waives bond, you check that box on your request form and file nothing extra for bond.
No will waiver? Count the heirs or devisees. Collect one notarized P-334 from each, or a P-306 with the bond box checked from anyone who is also nominating you.
Missing a signature? Ask the court. Request that the court excuse the bond and get an order doing so, or propose an amount on the request form.
If bond applies, build the estimate the FAQ's way. Personal property, plus next year's income from all property. Leave the land's value out, and ask about a reduction for protected bank assets.
Post the bond before you act. Letters issue after acceptance of duties on P-335, and the order ties your responsibilities to posting any required bond.
Watch for a demand. If one arrives, stop everything except protecting the estate and deal with it within 30 days.

Whether you open informally or formally changes the forms, so start with informal versus formal probate. If you are filing on your own, the self-filer's checklist covers the rest of the paperwork, and the Alaska creditor claim process covers the notice you give once appointed.

Common Questions

Is a probate bond required in Alaska?

Yes, unless something excuses it. The Alaska Court System's personal representative FAQ says you must file a bond before you are appointed unless you are excused, and it lists four ways out: the will waived bond, every devisee (or every heir if there is no will) files a Waiver of Bond Requirement on form P-334, the personal representative is a qualified organization, or the court waived bond. The same FAQ says the requirement is commonly waived.

How much is a probate bond in Alaska?

The Court System's FAQ gives three sources for the amount: the figure in the will, the figure the court sets, or your best estimate of the decedent's personal property (real property left out) plus the income all of the property, real property included, will generate during the next year. The request forms P-315, P-320, P-325 and P-330 ask for a figure that covers the estate's property and income for the next year.

How do Alaska heirs waive the executor's bond?

Each one signs form P-334, Waiver of Bond Requirement, in front of a notary or court clerk. With a will, every devisee signs one; with no will, every heir signs one. A person who already nominated the personal representative on form P-306 can waive bond on that form instead. The Court System says to file all the waivers with your request to start the probate case.

Can a beneficiary or creditor make an Alaska personal representative post a bond?

The Court System's FAQ says anyone with an interest in the decedent's property worth more than $1,000 may ask the court in writing, sending the demand to the personal representative and filing it with the court. A bond already waived, set by the will, or set by the court cannot be changed this way. After receiving the demand, the personal representative may only protect the estate until the bond is posted, the court waives it, or the demanding person's interest ends. If no bond is posted within 30 days, you can ask the court to remove the personal representative.

Who pays for an Alaska probate bond?

The estate. On form P-335, Acceptance of Duties by Personal Representative, the personal representative agrees to pay the required costs of administering the probate, including any bond. No Alaska Court System page or form prints a premium rate, so any charge comes from the surety.

Does an Alaska small estate affidavit need a bond?

No. The affidavit under AS 13.16.680, as the Court System reproduces it in form P-110, collects personal property without a court case, so nobody is appointed personal representative and the appointment bond on this page never comes up.

Sources:

Title: Personal Representative Duties and Responsibilities FAQ (Bond Questions). Publisher: Alaska Court System. Publication Date: Not listed. URL: https://courts.alaska.gov/shc/probate/personal-rep-faq1.htm
Title: Waiver of Bond Requirement, form P-334 (11/14), AS 13.16.255. Publisher: Alaska Court System. Publication Date: November 2014. URL: https://public.courts.alaska.gov/web/forms/docs/p-334.pdf
Title: Informal Probate. Publisher: Alaska Court System. Publication Date: Not listed. URL: https://courts.alaska.gov/shc/probate/informal.htm
Title: Formal Probate. Publisher: Alaska Court System. Publication Date: Not listed. URL: https://courts.alaska.gov/shc/probate/formal.htm
Title: Request to Start Informal Probate and Appoint a Personal Representative When There Is a Will, form P-315 (3/23). Publisher: Alaska Court System. Publication Date: March 2023. URL: https://public.courts.alaska.gov/web/forms/docs/p-315.pdf
Title: Request to Start Informal Probate and Appoint a Personal Representative When There Is No Will, form P-325 (3/23). Publisher: Alaska Court System. Publication Date: March 2023. URL: https://public.courts.alaska.gov/web/forms/docs/p-325.pdf
Title: Nomination for Appointment of Personal Representative with Equal or Lower Priority, form P-306 (6/16), AS 13.16.065. Publisher: Alaska Court System. Publication Date: June 2016. URL: https://public.courts.alaska.gov/web/forms/docs/p-306.pdf
Title: Statement Starting Informal Probate and Appointing a Personal Representative When There Is a Will, form P-316 (5/21). Publisher: Alaska Court System. Publication Date: May 2021. URL: https://public.courts.alaska.gov/web/forms/docs/p-316.pdf
Title: Acceptance of Duties by Personal Representative, form P-335 (5/21). Publisher: Alaska Court System. Publication Date: May 2021. URL: https://public.courts.alaska.gov/web/forms/docs/p-335.pdf
Title: Information to Heirs and Devisees, form P-340 (11/17), AS 13.16.360. Publisher: Alaska Court System. Publication Date: November 2017. URL: https://public.courts.alaska.gov/web/forms/docs/p-340.pdf
Title: Domiciliary Foreign Personal Representative's Statement, form P-312 (2/17), AS 13.21.030, .035, .040. Publisher: Alaska Court System. Publication Date: February 2017. URL: https://public.courts.alaska.gov/web/forms/docs/p-312.pdf
Title: Glossary of Probate Terms (Bond; Surety). Publisher: Alaska Court System. Publication Date: Not listed. URL: https://courts.alaska.gov/shc/probate/glossary.htm

It is not legal advice.