Handling a Parent’s Estate in Washington: Steps, Checklist, and When to Hire an Attorney

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Overview

This FAQ-style guide explains the practical steps to handle a deceased parent’s estate in Washington. It assumes you start with no legal knowledge and walks through what to do, when probate may be required, how to protect assets, and when to consult a lawyer. This is educational information only and not legal advice.

Detailed answer — Step-by-step actions to handle your mother’s estate

1. Immediately secure basic items and documents

Right away, locate and secure:

  • Death certificate(s) — you will need multiple certified copies for banks, insurers, and government agencies.
  • Any original will, trust documents, and powers of attorney.
  • Bank and investment account statements, safe-deposit box keys, insurance policies, mortgage and deed documents, and recent tax returns.
  • Information about outstanding bills, recurring automatic payments, and digital account access.

2. Determine whether probate or informal collection is required

Washington law governs wills, probate, and estate administration under Title 11 of the Revised Code of Washington (RCW). For general statutory text see RCW Title 11.

Common scenarios:

  • If your mother had a valid living trust and assets were properly titled in the trust, many assets may pass without probate.
  • If there is a will, it usually must be filed with the county superior court to appoint a personal representative (executor) unless all assets were otherwise titled.
  • If there is no will (intestate), Washington law provides rules for who inherits. The court will appoint an administrator.
  • Washington permits certain simplified collections for small estates or for specific kinds of personal property. Check the courts or county clerk for small-claim/affidavit procedures before starting formal probate.

3. File probate (if needed) with the county superior court

If probate is necessary, someone (often the named executor or a close family member) files a petition in the superior court in the county where your mother lived. The court can appoint a personal representative who will have authority to collect assets, pay debts and taxes, and distribute property under court supervision or under the state’s rules for independent administration.

Washington court forms and instructions are available from the Washington Courts website: Washington Courts forms. The probate statute collection is at RCW Title 11.

4. Give notice and identify creditors

The personal representative must locate creditors and give required notices. Washington law provides procedures for notice to creditors and for handling creditor claims. The estate typically pays valid debts and funeral expenses from estate assets before distributing inheritances.

5. Inventory, appraise, and safeguard estate assets

The representative compiles an inventory of assets, determines values, secures valuable items, and identifies assets that pass outside probate (joint accounts with rights of survivorship, beneficiary-designated accounts, and trust assets).

6. Pay taxes and file final returns

File your mother’s final federal and state income tax returns. Washington also administers a state estate tax for estates that exceed the state threshold; see the Washington State Department of Revenue for details: WA Dept. of Revenue — Estate Tax. Consider consulting an accountant if the estate has complicated tax issues.

7. Distribute assets and close the estate

After debts, taxes, and expenses are paid and after creditor claims are resolved, the personal representative distributes remaining assets under the will or under the intestacy rules if there is no will. The representative then files final accounting or closing documents and asks the court to close the estate.

8. Keep careful records

Maintain a running log of income, expenses, distributions, and all communications. Good records protect the personal representative and help answer questions from beneficiaries or the court.

When you may not need full probate

Some estates qualify for simplified handling. Examples include:

  • Assets held in joint tenancy or with designated beneficiary forms.
  • Small personal property that can be collected with an affidavit or other simplified procedure.
  • Trust assets already titled in a living trust with successor trustee provisions.

Contact the county clerk or review the Washington Courts forms to learn if a simplified process applies to your facts: Washington Courts forms.

When to consult an attorney

Consider hiring a probate or estates attorney if any of the following apply:

  • The estate has complex assets (business interests, out-of-state real estate, many creditors).
  • There is no will or multiple people claim to be heirs or beneficiaries.
  • Estate tax planning or significant tax consequences exist.
  • Beneficiaries contest the will or distributions are likely to be disputed.
  • You are unfamiliar with court procedures or uncomfortable acting as personal representative.

To find a lawyer, see the Washington State Bar Association: wsba.org.

Helpful Hints

  • Order multiple certified copies of the death certificate early; banks and agencies often require originals.
  • Close online accounts and prevent identity theft by notifying Social Security, credit bureaus, and financial institutions.
  • Keep a single, organized file of bills paid and receipts. The court will expect clear accounting.
  • Don’t rush to distribute assets until you confirm creditor notice requirements and tax obligations are met.
  • If your mother’s estate might owe Washington estate tax, contact the Department of Revenue early to confirm filing requirements: WA Dept. of Revenue — Estate Tax.
  • Check whether assets pass outside probate (payable-on-death accounts, transfer-on-death deeds, beneficiary designations). Those avoid probate and pass directly to named beneficiaries.
  • Use the Washington Courts forms and local superior court clerk for step-by-step local filing procedures: Washington Courts forms.
  • If you serve as personal representative, ask the court or an attorney about whether you must post a bond. Wills sometimes waive bond, but a court can require it if needed to protect heirs.

Quick checklist to follow this week

  1. Obtain certified death certificate copies.
  2. Find the will and any trust documents.
  3. Make an inventory of bank accounts, real estate, and valuables.
  4. Contact banks, insurers, and the Social Security Administration to report the death.
  5. Ask the county superior court or a probate attorney whether probate is required.

Where to read the law

The primary state statutes controlling wills, trusts, and probate are in Title 11 of the Revised Code of Washington: RCW Title 11. For practical forms and court rules, see the Washington Courts forms page: Washington Courts forms. For state estate tax information see the Department of Revenue: WA Dept. of Revenue — Estate Tax.

Disclaimer

This article is informational only and not legal advice. Laws change and every situation is different. Consult a qualified Washington probate or estate attorney to get legal advice tailored to your circumstances.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.