Understanding the Equivalent of “Probate in Common Form” Under Washington Law
Detailed answer — what this process means in Washington
Some states use the phrase “probate in common form” to describe a relatively informal way to admit a will to probate without a full contested hearing. Washington does not commonly use that exact phrase. However, a similar practical result exists here: Washington’s probate system allows for less-formal admissions of a will and the appointment of a personal representative when there is no dispute. These informal or summary procedures are designed to get an estate administered efficiently when heirs and interested parties accept the will and proposed administration.
Key points about how Washington handles an uncontested, informal probate-like process:
- Statutory framework: Probate and trust matters are governed by Washington’s Revised Code of Washington (Title 11). See RCW Title 11 (Probate and Trust Law): https://app.leg.wa.gov/rcw/title11/.
- Informal admission when no one objects: When a decedent’s original will is presented to the superior court (the county-level court that handles probate in Washington), and no interested person contests admission, the court can admit the will and appoint a personal representative without the need for a formal, contested hearing. The exact mechanics are governed by the probate statutes and local court procedures under Title 11 and the court’s probate rules. For Washington probate rules, see the state court rules for probate: https://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=probate&set=PR.
- Small estates and summary procedures: For very small estates, Washington provides streamlined summary procedures (often called “small estate” or summary proceedings) that let certain personal property transfer to heirs or beneficiaries without full probate administration. See RCW Chapter 11.62 (summary proceedings for distribution of personal property): https://app.leg.wa.gov/rcw/default.aspx?cite=11.62.
- Filing the will and basic documents: To begin, the original will (if any) and a petition for probate are filed in superior court in the county where the decedent lived. The petitioner supplies a certified death certificate, identifies potential heirs, and requests appointment as personal representative (executor/administrator). If no one objects, the court can act on the papers and issue letters testamentary or letters of administration to the appointed representative.
- Notice and time to object: Even in informal or summary processes, Washington law requires certain notices to interested persons and provides a period in which parties may object. If an heir or creditor timely objects, the court may convert the matter into a formal probate proceeding that requires a hearing and possibly additional proof.
In short: if your question is what “probate in common form” accomplishes — it admits a will and authorizes administration without a formal contested trial — Washington offers comparable informal and summary procedures under Title 11 that produce the same practical outcome when no one contests the will or appointment.
Typical step-by-step flow for an uncontested, informal probate in Washington
- Locate the original will and the decedent’s death certificate.
- Identify likely heirs, beneficiaries, and potential personal representatives.
- File a petition for probate and the original will with the county superior court clerk; pay filing fees or request fee waiver if eligible.
- Serve or give statutorily required notice to heirs and interested parties as directed by the statutes and local rules.
- If no one objects within the allowed period, the court issues letters testamentary (if a will names a representative) or letters of administration.
- The appointed representative collects assets, pays debts and taxes, and distributes the estate according to the will or intestacy rules.
When the streamlined process is not appropriate
You should expect a formal probate hearing (or contested process) if any of the following apply:
- There is a dispute about whether the will is valid (claims of forgery, undue influence, lack of capacity).
- Multiple parties claim to be rightful personal representative, or heirs disagree about administration.
- The estate has complex assets (e.g., real property in multiple states, business interests) or significant creditor disputes.
Helpful hints
- Start by getting the original will and a certified death certificate — courts require the original in most cases.
- Check whether the estate qualifies for a small-estate or summary procedure under RCW Chapter 11.62 to avoid full probate: https://app.leg.wa.gov/rcw/default.aspx?cite=11.62.
- Contact the clerk of the superior court in the county where the decedent lived for local forms and fee information; many counties post probate forms and checklists.
- Give written notice to heirs and known creditors as required; failing to notify properly can create later disputes.
- If anyone objects or raises a serious dispute, expect the court to require a formal hearing — get legal help for contested proceedings.
- Keep clear records, receipts, and an inventory of estate assets; the court and beneficiaries will expect transparency from the personal representative.
- When in doubt about tax issues, creditor claims, or potentially contested matters, consult a Washington lawyer experienced in probate.