Detailed Answer
This section explains, in plain language, the usual steps to be appointed as a personal representative (commonly called an administrator when there is no will, or an executor/administrator when there is a will) or as a co-administrator under Washington law. This is a general guide—not legal advice—and describes common court procedures, documents, and legal references you can use to prepare.
1. Decide whether probate is needed
Not every deceased person’s assets must go through probate. Small assets held jointly, assets with beneficiary designations (life insurance, most retirement accounts), and property below the small‑estate threshold may avoid probate. Washington has a small estate affidavit process that can transfer certain personal property without full probate; see the Washington small estates statute for details: RCW Chapter 11.62.
2. Identify the correct court
Probate normally takes place in the Superior Court of the county where the decedent lived at death. Check that county’s Superior Court probate division for local requirements. Washington Courts maintains probate and guardianship forms and guidance at: Washington Courts – Probate & Guardianship Forms.
3. Determine what kind of appointment to request
If the decedent left a valid will, a person named as the executor in that will typically petitions for issuance of “letters testamentary.” If there is no will, an interested person (usually a spouse, adult child, parent, or other close relative) petitions for letters of administration. Washington’s statutes and rules on appointment and priority are in the probate code; see RCW Chapter 11.28 (Appointment of Personal Representative).
4. Prepare and file a petition
Typical documents the court expects when you file a petition include:
- A petition for appointment of a personal representative (probate petition).
- The original will, if there is one.
- A certified copy of the decedent’s death certificate.
- A list of known heirs and beneficiaries with their current contact information.
- A proposed order appointing the personal representative and, if requested, waiving or setting bond.
The court clerk can provide required forms for the county. Link to general Washington probate forms: Washington Courts Forms.
5. Give required notices and allow time for objections
After filing, Washington law requires notice to certain people (typically beneficiaries and heirs). Those people have the opportunity to object to the appointment. Washington probate statutes set out priority and notice requirements; see RCW Chapter 11.28 for priority rules and related provisions.
6. Bond, if required
The court often requires the personal representative to post a fiduciary bond to protect estate creditors and beneficiaries. A will can waive bond if it expressly does so; otherwise the court decides whether to require bond and the amount. The court’s order will state the bond requirement and process for getting the bond filed.
7. Court hearing and issuance of letters
The court may set a hearing for appointment. If no one objects and the petitioner is qualified, the judge will enter an order appointing the personal representative. The clerk then issues formal documents, often called “Letters Testamentary” (if there is a will) or “Letters of Administration” (if intestate). Those Letters are the court’s official proof of authority to act for the estate.
8. Serving as a co-administrator
Washington courts can appoint two or more people to serve together as co-personal representatives if the court finds it appropriate. Co-administrators share the duties, and the court may set limitations, require separate bonds, or require an agreement about how they will act. When asking to be co-administrators, include your co-administrator request and proposed order in the initial petition and explain how you will divide responsibilities.
9. After appointment — basic ongoing duties
As a personal representative you must act in the estate’s best interest. Common duties include:
- Collecting and protecting estate assets;
- Notifying creditors and publishing required notices;
- Filing inventories and accountings when required by the court;
- Paying valid debts and taxes;
- Distributing remaining assets to beneficiaries according to the will or Washington’s intestacy rules (RCW Chapter 11.04).
10. When to get a lawyer
Complex estates, disputes between potential personal representatives or beneficiaries, large creditor claims, tax questions, or out-of-state assets commonly require an attorney. If you expect conflicts with other heirs, or if co-administrators may disagree, a lawyer can help draft orders, advise on bond and fiduciary duties, and help resolve disputes through the court.
Quick statute references
- Appointment and priority of personal representatives: RCW Chapter 11.28
- Intestate succession rules: RCW Chapter 11.04
- Small estate procedures: RCW Chapter 11.62
- Washington Courts probate forms and instructions: Probate & Guardianship Forms
Helpful Hints
- Gather documents early: death certificate, original will (if any), bank statements, account numbers, and deeds.
- Contact the county Superior Court clerk before filing to confirm local filing steps, fees, and forms.
- Give full and accurate contact info for heirs and beneficiaries to avoid delays and objections.
- If you request co-administration, propose a clear division of duties and address how disagreements will be handled.
- Be ready to post bond if the will does not waive it or the court requires it; talk to a bond company early to avoid delays.
- Keep detailed records and receipts — you will likely need to provide an inventory and accounting to the court and beneficiaries.
- Consider mediation if family members disagree rather than prolonged litigation — it can be faster and less expensive.
- If estate value is small, check whether the small estate affidavit procedure under RCW 11.62 applies; it may avoid full probate.
Disclaimer: This article explains Washington state probate procedures in general terms and does not provide legal advice. It is not a substitute for an attorney’s individualized legal guidance. If you need legal advice about a specific estate or conflict, consult a licensed Washington attorney.