Detailed Answer — What to do if you received no notice of a sibling’s final accounting in your parent’s estate (Washington)
Disclaimer: This is educational information, not legal advice. I am not a lawyer. If you need advice about your situation, consult a licensed Washington attorney.
Quick overview
If your sibling filed a final accounting for your parent’s estate and you never received notice, you may have the right to challenge that accounting. Washington probate law (RCW Title 11) governs notice, accountings, and relief from probate orders. The usual steps are: (1) confirm whether you are an “interested person,” (2) get the probate file and the accounting that was filed, (3) determine whether required notice was given, and (4) move quickly to file objections or a petition to reopen or set aside the accounting if notice was missing or the accounting is improper.
Key legal resources: RCW Title 11 (probate and trust law) — https://app.leg.wa.gov/rcw/default.aspx?cite=11
Step-by-step approach
1. Confirm your status as an interested person
Beneficiaries, heirs, creditors, and sometimes close relatives usually qualify as “interested persons.” If you stand to inherit or have a claim against the estate, Washington courts will likely treat you as an interested person entitled to notice and to contest accountings.
2. Get the probate case file and the final accounting
Contact the clerk of the superior court where your parent’s estate was opened and ask for the court file or the register of actions. The file will show who was served, what notices were mailed, and what orders the court entered. You can usually obtain copies from the county superior court clerk — find your county court on the Washington Courts site: https://www.courts.wa.gov/court_dir/
3. Check whether required notice was given
Personal representatives (executors/administrators) must follow statutory procedures for giving notice to beneficiaries and interested persons. If the file shows no proof of notice to you, that can be the basis for relief because notice is a basic element of due process in probate. Even where the personal representative thought notice was unnecessary, a court can set aside an order if proper notice was not provided.
4. Object to the accounting or move to set aside/reopen
If the court has not yet finally approved the accounting, you can file a written objection to the accounting with the probate court and request a hearing. If the court already approved the accounting and entered a distribution order, you can petition the court to set aside or reopen the estate or the accounting based on lack of notice, fraud, mistake, or irregularity. Relief may include reopening the accounting process, ordering a supplemental accounting, surcharge for fiduciary breaches, or other corrective relief.
5. Consider grounds you can raise
- Failure to give required notice to interested persons (denial of due process).
- Errors, omissions or unexplained transactions in the accounting.
- Conflict of interest, self-dealing, or breach of fiduciary duty by the personal representative.
- Fraud or misrepresentation in the filings.
6. Gather evidence and use discovery
Preserve communications, bank statements, receipts, and any documents that show you were not notified or that show questionable transactions. You can ask the court to compel discovery from the personal representative if the estate records are incomplete or unclear.
7. Timing — act promptly
Deadlines in probate can be short. If you did not receive notice, courts may still allow relief, but you should act quickly. Contact the court clerk immediately to learn whether any deadlines remain and consult an attorney promptly to protect your rights.
8. Ask the court for interim relief if necessary
If assets are being distributed and you fear they will disappear, you can ask the court for temporary relief such as a stay of distribution, an order preserving assets, or a temporary injunction while the challenge is resolved.
9. Consider mediation or settlement
Sometimes these disputes can be resolved through negotiation or mediation, which can save time and expense compared with a full contested hearing.
10. Hire a probate attorney if the estate is substantial or contested
Probate procedure and fiduciary law can be technical. An attorney who handles probate litigation can evaluate the strength of your claim, draft the correct pleadings, and represent you at hearings.
Where to look for help and official resources
- Washington statutes on probate and trusts (RCW Title 11): https://app.leg.wa.gov/rcw/default.aspx?cite=11
- Washington Courts — directory of superior courts (to find the clerk where the estate is filed): https://www.courts.wa.gov/court_dir/
- Find local legal help: Washington State Bar Association — For the Public / Find Legal Help: https://www.wsba.org/for-the-public/find-legal-help
Helpful Hints
- Act fast. Probate deadlines can eliminate remedies if you wait too long.
- Obtain the complete probate file and final accounting from the county superior court clerk as your first step.
- Document your lack of notice — dates you learned about the accounting, copies of communications, and any attempts to contact the personal representative.
- Ask the court clerk how the personal representative served notice and whether proof of service exists in the file.
- If distribution is imminent, ask the court for an emergency order to preserve assets until your objection is resolved.
- Consider a limited-scope consultation with a probate attorney if you cannot afford a full representation; the WSBA and local bar associations offer referral programs.
- Keep communications in writing when possible and keep copies of everything you send or receive.
- Consider alternative dispute resolution (mediation) to preserve family relationships and reduce legal costs.
If you want, provide the county where the probate was filed (or the name of the personal representative and filing info) and I can help outline the specific court steps and documents you will likely need to file in that county.