How to File Probate Court Documents and Publish Creditor Notices in Washington State

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.

Detailed Answer

Opening probate and notifying creditors in Washington State requires strict adherence to the Revised Code of Washington (RCW). Follow these key steps to ensure compliance:

1. Determine the Appropriate Probate Procedure

Washington offers two primary paths:

• Full probate: Use when the estate exceeds $100,000 or there’s a valid will. See RCW 11.28: RCW 11.28.
• Small estate affidavit: Available for estates valued at $100,000 or less without real property. See RCW 11.62: RCW 11.62.

2. File a Petition for Probate

1. Complete the Petition for Probate using Washington Courts forms: Washington Probate Forms.
2. Submit the petition to the Superior Court clerk in the county where the decedent resided. Reference RCW 11.28.020: RCW 11.28.020.
3. Pay the applicable filing fee. Fees vary by county.

3. Obtain Letters Testamentary or Letters of Administration

After the court approves your petition, it issues official letters granting you authority to manage and distribute the estate.

4. Serve Known Creditors by Mail

1. Within three months of appointment, mail a Notice to Creditors to all known or reasonably ascertainable creditors by first-class mail as required by RCW 11.40.030: RCW 11.40.030.
2. Specify the deadline for claims. Creditors have four months from first publication or three months from mailing, whichever is later.

5. Publish Notice to Creditors in a Newspaper

1. Publish the Notice to Creditors once a week for two consecutive weeks in a newspaper of general circulation in the probate county. See RCW 11.40.020: RCW 11.40.020.
2. Obtain and retain the publisher’s affidavit as proof of publication.

6. File Proof of Notice and Publication

Return to the court clerk’s office to file your affidavits of mailing and publication. This completes your notice obligations and allows you to proceed with estate administration.

Helpful Hints

• Use official Washington Courts forms: courts.wa.gov/forms.
• Check county-specific filing fees and accepted payment methods on the local Superior Court website.
• Publish in a newspaper approved by the court; county websites often list approved publications.
• Keep detailed records of all documents, mailing receipts, and publication affidavits.
• If the estate has complex assets or disputes, consider consulting a probate attorney.