Detailed Answer: How to settle a Washington estate and deal with property located in another state

Short overview: If your parent was a Washington domiciliary (their legal home was in Washington), you generally open probate in Washington Superior Court for their probate assets. Real property or certain accounts located in another state often require an additional (ancillary) process in the state where the property is located unless a nonprobate transfer (joint tenancy, beneficiary designation, trust, etc.) already moves the property outside probate. Washington law and court procedures govern the Washington probate; each other state’s law governs property located there.

Disclaimer: This is general information, not legal advice. Consult a licensed Washington attorney before taking action.

1. First steps (what to identify and gather)

1. Confirm domicile: establish where your parent was legally domiciled. Domicile controls which state has primary probate jurisdiction.
2. Locate important documents: will, trusts, deeds, vehicle titles, insurance policies, bank statements, retirement account paperwork, beneficiary designations, and prior tax returns.
3. Identify assets by type and location: separate assets located in Washington (bank accounts, personal property, Washington real estate) from assets located in other states (out‑of‑state real estate, accounts with out‑of‑state branch locations).
4. Check nonprobate transfer options: joint tenancy, transfer-on-death designations, payable-on-death accounts, beneficiary deeds, and revocable trusts may let assets pass outside probate.

2. Opening probate in Washington

If the decedent was domiciled in Washington and probate is required for probate assets, you file a probate petition in the Superior Court of the county where they lived. The Washington probate code and procedures are found in Title 11 of the Revised Code of Washington (RCW); see the probate chapters for full rules: RCW Title 11 (Probate & Trust Law).

Typical steps in Washington probate:

• File a petition to admit the will and/or appoint a personal representative (executor or administrator).
• Provide notice to heirs and beneficiaries and often publish a notice to creditors if required by court rules and RCW.
• Estate representative inventories assets, secures and manages property, and notifies known creditors.
• Pay valid debts, taxes, and administration expenses out of estate funds.
• Distribute remaining estate to beneficiaries per the will or intestacy law, and close the estate with the court.

3. Shortcuts and small‑estate procedures

Washington provides simplified procedures for smaller estates and for collecting certain assets without full probate. For example, the small‑estate affidavit procedure and other collections tools are in Washington law; see RCW chapter 11.62 and the Washington Courts resources on probate.

Whether a simplified method applies depends on the type and value of assets and whether the asset holder accepts the affidavit or claim form. Banks, title companies, and out‑of‑state courts may have their own requirements.

4. Handling real estate or other property located in another state

Real property is governed by the law of the state where the property sits. Even if Washington admits a will to probate, that admission does not automatically transfer title to land outside Washington. You will generally have one of these outcomes:

• No probate needed: The out‑of‑state property may pass outside probate if it was owned in joint tenancy, if a valid beneficiary deed or transfer-on-death instrument applied, or if it was owned by a revocable trust.
• Ancillary probate required: If the out‑of‑state property must pass by probate and the decedent was domiciled in Washington (primary probate), you will likely open an ancillary probate case in the state where the property is located. That ancillary proceeding authorizes the Washington personal representative or a local ancillary representative to transfer title there.

Key practical points:

1. Contact the county recorder/assessor and the clerk of the court where the real property is located to learn local document requirements and whether a certified Washington court order or ancillary probate is needed to change title.
2. Many states accept an authenticated copy of the Washington will and a certified order appointing the personal representative; some require filing a separate local petition for ancillary administration.
3. If the other state allows a beneficiary deed or nonprobate transfer and one exists, that can simplify transfer without ancillary probate.

5. Taxes and claims

Washington administers an estate tax (separate from federal estate tax). The estate representative must determine whether estate tax filings are required in Washington and whether the other state imposes any estate or inheritance tax on property located there. Consult Washington Department of Revenue guidance and the other state’s tax authority for details.

The estate also must resolve creditor claims under Washington law and any claim rules in the state where the ancillary probate proceeds. Timely notice and publication often control how long creditors have to file claims against the estate.

6. When to hire an attorney

Consider hiring a probate attorney when:

• The estate includes real property or significant assets out of state.
• There is no clear will or there are disputes among heirs or creditors.
• Tax issues (estate or income tax) are likely or complex valuations are required.
• You need to pursue ancillary probate in another state and prefer coordinated representation.

7. Practical timeline and cost considerations

Probate timelines vary. Simple estates with no real property complications can close in a few months; more complex estates and ancillary administrations can last a year or more. Costs include court filing fees, publication/notice costs, appraisal fees, attorney fees, and any ancillary court costs in the other state.

8. Useful Washington resources and statutes

• Washington Revised Code of Washington, Title 11 (Probate & Trust Law): https://apps.leg.wa.gov/rcw/title11/
• Washington small‑estate/collection chapter (examples and procedures): RCW chapter 11.62
• Washington Courts — general probate information and local court contact info: Washington Courts: Probate

9. Common scenarios (what usually happens)

• If the decedent had a will and a named executor: you usually present the will to Washington Superior Court to be admitted and request appointment of the executor to administer the estate in Washington.
• If the decedent owned Washington real estate and out‑of‑state real estate: you administer the Washington assets under Washington probate and pursue ancillary probate or other transfer procedures in the other state to clear title there.
• If the decedent used a revocable trust and funded that trust properly: Washington probate may be minimal or unnecessary for trust assets; trust terms and trustee duties then control.

Helpful Hints

• Start by making a complete list of all accounts and every property parcel with as much documentation as you can find—this speeds both probate and any ancillary actions.
• Call the county recorder/assessor in the other state early to learn their requirements for transferring title after a death.
• Check bank and account paperwork for payable‑on‑death or transfer‑on‑death designations before opening probate—these often avoid probate altogether.
• Keep careful receipts and records of estate expenses—courts usually require accounting to beneficiaries.
• Even when you handle a simple Washington probate yourself, consult an attorney in the state where the out‑of‑state real property sits to determine whether ancillary probate is needed.
• Ask the Washington Superior Court clerk about local forms and any simplified procedures—clerks can provide procedural guidance but not legal advice.

If you want, I can outline a checklist of documents to collect, suggest questions to ask an attorney, or help you draft an initial list of assets organized by state and type.