Detailed Answer: Opening Probate in Washington State
When someone dies owning property in Washington, you must open probate to settle debts and distribute assets. An “interested party”—often a beneficiary or creditor—can petition the court to begin this process under Washington law. Follow these steps for a smooth probate filing.
1. Confirm You’re an Interested Party
Under RCW 11.04.015, an interested party includes a beneficiary named in a will, an heir at law, a surviving spouse, or a creditor. Only these individuals have standing to ask the court to open probate.
2. Select the Correct Probate Procedure
Washington offers two main paths:
- Formal Probate (RCW 11.20): Required when the estate’s value exceeds $100,000 or a will exists.
- Small Estate Affidavit (RCW 11.28): Available if personal property (minus liens) totals $100,000 or less and there is no real estate.
3. Gather Required Documents
- Certified copy of the decedent’s death certificate.
- The original will, if one exists.
- List of known creditors and heirs.
- Probate petition forms, available from the county Superior Court clerk.
4. File Your Petition
Submit your petition, supporting documents, and filing fee to the Superior Court in the county where the decedent lived at death. For formal probate procedures, see RCW 11.20.010. For small estates, refer to RCW 11.28.010.
5. Serve Notice to Heirs and Creditors
The court will set a hearing date. You must mail notice to all heirs and beneficiaries at least 20 days before the hearing (RCW 11.28.130). Publish a notice to creditors in a local newspaper if using formal probate (RCW 11.40.020).
6. Attend the Probate Hearing
At the hearing, the judge reviews your petition. If approved, the court issues Letters Testamentary (with a will) or Letters of Administration (without a will). These letters give you authority to manage the estate.
7. Administer the Estate
- Secure and inventory assets.
- Pay valid debts and taxes.
- File final accounting with the court.
- Distribute remaining assets according to the will or RCW 11.12 (intestate succession).
Disclaimer
This article provides general information only and does not constitute legal advice. Consult a qualified Washington attorney to address your specific situation.
Helpful Hints
- Contact the county Superior Court clerk early to confirm local fees and form requirements.
- Keep detailed records of all notices and filings.
- Discuss creditor claims deadlines with a legal professional.
- Consider a lawyer if the estate involves real property, disputes, or large assets.
- Use the Washington Courts website (courts.wa.gov) for forms and guides.