Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Always consult an attorney for guidance specific to your situation.
Detailed Answer
When a minor in Washington State inherits assets or holds an interest in an estate, the court must appoint someone to protect and manage those interests. There are two main roles:
- Guardian of the Estate: A fiduciary who manages and conserves the minor’s assets until they reach legal age.
- Guardian ad Litem (GAL): A court-appointed representative who defends the minor’s interests in the underlying probate proceeding or related litigation.
1. Filing a Petition for Guardian of the Estate
An interested person—often a parent, grandparent, or personal representative—files a petition in the Superior Court of the county where the probate is pending. The petition must include:
- The minor’s name and date of birth.
- A description and estimated value of the minor’s interest.
- The name and relationship of the proposed guardian.
- A request for appointment of a guardian of the estate.
Statute reference: RCW 11.130.020 (Washington State Legislature).
2. Appointment of a Guardian ad Litem
If there is any conflict of interest, dispute over the minor’s share, or insufficient representation, the court appoints a GAL under Superior Court Civil Rule (CR) 17(c). The GAL reviews the estate records, interviews parties, and makes recommendations to the judge on how to protect the minor’s interests.
Rule reference: CR 17(c), Washington Court Rules.
3. Notice, Investigation, and Hearing
After filing, the petitioner must give notice to all interested parties—including the minor, other heirs, and the personal representative. The court may appoint a court investigator under RCW 11.130.030 (link) to examine the minor’s situation and report to the judge. A hearing date is set, and parties may present evidence.
4. Qualifications, Bond, and Letters
The court ensures the proposed guardian is over 18 and of sound mind. Washington law often requires the guardian to post a surety bond to protect the minor’s assets (see RCW 11.130.040: bond requirements). Once approved, the clerk issues Letters of Guardianship, granting authority to manage the estate.
5. Ongoing Duties and Reporting
The guardian must keep detailed records, file annual accountings with the court, and seek court approval for major transactions. When the minor turns 18 (or as ordered by the court), the guardian files a final report and distributes the remaining assets.
Helpful Hints
- Act Quickly: Delays can risk mismanagement of the minor’s inheritance.
- Gather Documentation: Prepare birth certificates, estate inventories, and any existing wills or trusts.
- Consider Bond Costs: Shop around for surety bond providers to minimize expenses.
- Work with Professionals: A probate attorney and qualified accountant can simplify reporting duties.
- Review Court Rules: Familiarize yourself with local probate procedures and deadlines.