What documents are required to apply for probate appointment and oath in WA?

Detailed Answer

When someone dies in Washington, a person who seeks to act for the decedent’s estate must apply to the superior court in the county where the decedent lived (or owned real property) to be appointed as the personal representative (commonly called an executor or administrator). The paperwork you must file depends on whether the decedent left a will, whether you are named in the will, and whether the estate qualifies as a small estate. This section explains the usual documents and information you will need to apply for appointment and to take the oath under Washington law.

Primary statutes and forms

The probate process in Washington is governed by Title 11 of the Revised Code of Washington (RCW). Relevant chapters include the general probate provisions and administration rules: RCW Title 11 (Probate), and the chapters on administration and probate procedures at RCW chapter 11.20 and RCW chapter 11.28. Washington State Courts maintain downloadable probate and estate forms at Washington Courts – Forms.

Who may apply

Generally, persons entitled to apply include the person nominated in the will, the surviving spouse, next of kin, creditor (in limited circumstances), or any other person interested in the estate. The applicable rules for who may be appointed and order of preference are found in RCW Title 11.

Standard documents and items required to apply for appointment and oath

Application or Petition for Probate / Appointment of Personal Representative — The court form in which you request appointment. This form identifies the applicant, the decedent, and the reason for the appointment (e.g., probate of a will, administration without a will). Use the appropriate probate application form from Washington Courts.
Original Will and Codicils (if any) — If the decedent left a will, you must file the original will and any codicils with the application. If you cannot locate the original will, the court will need an explanation and may require additional affidavit or testimony.
Death Certificate — A certified copy of the decedent’s death certificate or a certified abstract of death. The court will not proceed without proof of death.
Notice Information / Heirs and Beneficiaries — A list of heirs and devisees (people who would inherit under the will or by intestacy), with current addresses if known. You will need this to provide required notices to interested parties and to prepare the court’s required service or publication documentation.
Oath or Bond — Most courts require the personal representative to take an oath to faithfully perform duties. If the will waives bond, you must file the waiver. If not waived, the court will set a probate bond amount; you must file the bond (with corporate surety) or obtain court approval to serve without bond. See the local superior court probate bond rules. The oath is typically administered at the time of appointment; court forms include the oath form.
Filing Fee or Fee Waiver — The county superior court filing fee for opening a probate estate, unless you qualify for a fee waiver and the court approves it. Fee amounts vary by county; check the county superior court clerk’s website or contact the clerk.
Inventory / List of Known Assets (if available) — Some counties ask for a preliminary asset list when opening the case. Even if not required at filing, assemble a list of bank accounts, real estate, vehicles, life insurance, retirement accounts, and other assets and their approximate values.
Affidavits — Examples include an affidavit of mailing (to show notice was given to heirs/beneficiaries), an affidavit of publication (if notice must be published), or an affidavit explaining the absence of an original will. The exact affidavits you need depend on the court’s local rules and the facts.
Letters of Administration / Letters Testamentary (after appointment) — Once appointed, the court issues letters that prove the personal representative’s authority to third parties. You will request these as part of the appointment paperwork or immediately after appointment.
Identification — Photo ID for the person applying to show identity when taking the oath or filing documents.

Variations based on common situations

Small estates — Washington has small estate provisions that may allow a simplified process or affidavit in lieu of formal probate for low-value estates (consult local court rules and RCW Title 11 provisions).
No will (intestate) — If there is no will, an interested person (often the surviving spouse or closest heir) can petition for appointment as administrator. You will not file a will, but you must provide heir information and follow intestacy rules.
Will probated in another state — If the will was probated elsewhere, you may need a certified copy of foreign probate and possibly ancillary proceedings in Washington if the decedent owned real property in Washington.
Bond waived in the will — If the will expressly waives bond for the nominated personal representative, file the original will showing that waiver. The court usually follows that waiver unless it finds a compelling reason not to.

Practical filing and timing tips

File the application as soon as reasonably possible after the decedent’s death—banks and other institutions often require letters from the court before releasing funds. After filing, the court sets a hearing or issues an order of appointment. The personal representative typically takes an oath at the hearing or in the clerk’s office and then receives letters of appointment.

Where to find forms and local rules

Washington Courts provide standard probate forms. Also contact the superior court clerk in the county where you will file for local forms, local rule requirements, current filing fees, and bond amounts. For statutes and broader rules, consult RCW Title 11. For county-specific information, visit the relevant superior court website.

Important links:

This is not legal advice. Use this information to prepare for a conversation with a qualified Washington probate attorney or to gather documents before filing. The court clerk can explain filing logistics but cannot give legal advice about which route is best for your situation.

Helpful Hints

Collect the original death certificate and original will before going to court—courts typically require originals.
Make a short asset inventory (accounts, real estate, vehicles, life insurance) with estimated values to present at filing.
Identify heirs and beneficiaries and gather current addresses to avoid delays in serving notices.
Check the county superior court clerk’s website for local probate checklists, fee schedules, and bond instructions before filing.
If the will waives bond, bring the will copy showing the waiver; if it doesn’t, be prepared to post a bond or explain why a bond should be waived.
Consider a short consultation with a probate attorney when the estate includes real estate, disputes, or complex tax/retirement issues.
Keep careful records of all filings, notices, and expenses—these will be needed for accounting to beneficiaries and for closing the estate.

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