Washington Petition for Probate

Introduction

Key Things to Know

1. 1

   Filing: a written petition, signed and verified by oath, for probate of the will and letters testamentary, or a petition for letters of administration or for adjudication of intestacy and heirship, filed in the superior court of the Washington county where the estate is probated (RCW 11.20.020, 11.28.110). Ask the superior court clerk what the court requires. The court's form controls over any draft.

2. 2

   No one has authority over estate assets until the court appoints a personal representative and letters issue. Being named as executor in a will does not by itself allow anyone to collect assets, pay debts or transfer property. Do not distribute, pay heirs or sell estate property before appointment or before the creditor period has run.

3. 3

   Anyone with custody or control of a will must deliver it to the court having jurisdiction or to the named executor within 30 days after learning of the death, and an executor holding a will must deliver it to the court within 40 days. Willful violation makes the person liable for damages (RCW 11.20.010). A surviving spouse or domestic partner who does not apply to administer community property within 40 days after death is considered to have waived that right (RCW 11.28.030).

4. 4

   The named executor receives letters testamentary (RCW 11.28.010). Without one, letters go in statutory order, starting with the surviving spouse or domestic partner, or their nominee, then next of kin (RCW 11.28.120(1)). A nonresident may serve only if they appoint an agent who is a resident of the county or the attorney of record for service of all papers, and must file a court-approved bond unless bond is waived (RCW 11.36.010(6)). The court decides who serves and appointment is not guaranteed.

5. 5

   Notice: the main notice to heirs comes after appointment. A surviving spouse or domestic partner may be entitled to notice if someone else applies within 40 days after death (RCW 11.28.030). Within 20 days after appointment, the personal representative must serve or mail written notice of appointment and pendency of probate to each heir, legatee, devisee and beneficiary of a nonprobate asset whose name and address are reasonably known, and file proof (RCW 11.28.237(1)). Notice to creditors is optional, but without it a creditor may claim until 24 months after death (RCW 11.40.020, 11.40.051).

6. 6

   Creditor claims: if notice is given and the creditor received actual notice, the claim period ends at the later of 30 days after service or mailing and 4 months after first publication. If notice is given but a creditor received no actual notice, it is 4 months after first publication for creditors not reasonably ascertainable and 24 months after death for those reasonably ascertainable. With no notice, it is 24 months after death (RCW 11.40.051(1)). Bond is required unless waived by the will's terms, by the court, or for a surviving spouse or partner who serves and takes the entire estate after expenses and claims, and must be executed before letters issue (RCW 11.28.185). Bond is mandatory for a person appointed under RCW 11.28.120(3).

7. 7

   Not every estate needs probate. Assets that pass by beneficiary designation, joint ownership with survivorship or a trust usually pass outside probate, and a small estate affidavit covers some personal property, as DocDraft's small-estate-affidavit page explains. Inside a probated estate, Washington has nonintervention powers for a solvent estate when other conditions are met (RCW 11.68.011), its independent administration. A will contest must be brought within 4 months after probate and is a separate proceeding (RCW 11.24.010).

Washington Requirements for Petition for Probate

• Verified Petition in Superior Court

  Washington probate starts with a written petition, signed and verified by oath, for probate of the will and letters, or for letters of administration or adjudication of intestacy and heirship, filed in the superior court of the county where the estate is probated (RCW 11.20.020, 11.28.110).

• Delivery of the Will

  A person with custody or control of a will must deliver it to the court or the named executor within 30 days after learning of the death. An executor holding it must deliver it to the court within 40 days (RCW 11.20.010).

• Spouse's 40-Day Community Property Window

  A surviving spouse or domestic partner who does not apply to administer community property within 40 days after death is considered to have waived that right (RCW 11.28.030).

• Order of Priority for Letters

  The named executor receives letters testamentary. Otherwise letters go to the surviving spouse or domestic partner or their nominee, then next of kin, then others in the order set by RCW 11.28.120(1) and RCW 11.28.010.

• Nonresident Needs an Agent and Bond

  A nonresident may serve if a resident agent of the county or the attorney of record is appointed in writing for service of all papers, and must file a court-approved bond unless waived (RCW 11.36.010(6)).

• Notice of Appointment Within 20 Days

  Within 20 days after appointment, the personal representative must serve or mail notice of appointment and pendency of probate to heirs, legatees, devisees and nonprobate beneficiaries reasonably known, and file proof (RCW 11.28.237(1)).

• Creditor Notice and Claims Period

  Creditor notice is optional. With no notice, claims may be presented until 24 months after death. With notice, the period depends on actual notice and publication (RCW 11.40.020, 11.40.051(1)).

• Bond Unless Waived

  Bond is required unless waived by the will's terms, by the court, or for a surviving spouse or partner who serves and takes the entire estate after expenses and claims, and must be executed before letters issue (RCW 11.28.185). Bond is mandatory for a person appointed under RCW 11.28.120(3).

• Petition Contents

  The petition identifies the petitioner, decedent, will or intestacy, heirs and proposed representative. An intestate petition must also state the basis for knowing there is no will, the heir search, major probate assets and entitlement under RCW 11.28.120 (RCW 11.28.110).