Overview
Mistakes in probate paperwork — such as listing the wrong siblings — can affect who receives assets and can cause delays. Washington courts allow clerical corrections and, when necessary, formal amendments to the probate record. The process you follow depends on whether the error is a simple clerical mistake or a substantive error that affects entitlement. This article explains common options, steps to take, and how to prepare if you need to ask the court to correct the record.
Detailed Answer
1. Classify the type of error
First determine whether the mistake is clerical or substantive.
- Clerical error: A simple typo, wrong spelling, or a name accidentally entered twice or omitted. These do not change who is entitled to inherit.
- Substantive error: A wrong person listed as an heir or beneficiary, a missing heir, or an error that affects distribution or appointment of a personal representative. These errors change legal rights and usually require court action and notice to interested persons.
2. Check the court file and original documents
Review the probate file at the county superior court where the estate is open. Compare the filed documents with original records you have (death certificate, will, birth or marriage certificates, prior pleadings, correspondence from the personal representative). Identifying supporting documents helps show whether the entry was a simple mistake or reflects a contested fact.
3. Fixing clerical mistakes
For obvious clerical errors, the court often can correct the record. Typical steps:
- Prepare a short affidavit or declaration explaining the error and attaching evidence (for example, a copy of the will or a birth certificate showing the correct name).
- File a proposed corrected document or a proposed order labeled clearly (for example, “Order Correcting Clerical Error (Nunc Pro Tunc)” or “Affidavit to Correct Clerical Error”).
- Serve the personal representative and known interested persons as the court requires. Some counties allow a clerk to note a minor correction if no party objects, but many courts require a signed order.
- If no one objects, the judge may sign the order correcting the record. If someone objects, the court will set a hearing.
Washington’s probate law is in Title 11 of the Revised Code of Washington (RCW). For the general statutory framework, see RCW Title 11: https://app.leg.wa.gov/RCW/default.aspx?Cite=11
4. Fixing substantive errors (wrong sibling listed, missing heir)
When the mistake affects who inherits, you will typically need to ask the court to amend pleadings or to determine heirs:
- File an amended petition or a formal petition to determine heirs or to correct the list of distributees. The court will require notice to all interested persons and an opportunity to object.
- Provide evidence that shows the correct identities (vital records, sworn statements from family members, the decedent’s documents, or other reliable evidence).
- Be prepared for a hearing. If multiple people claim different relationships, the court may resolve disputes about heirship before allowing a change to the distribution plan.
If the estate already closed and distributions completed, correcting the record can be more complex. You may need to ask the court to reopen the probate or bring an action against the personal representative or recipients to remedy the error.
5. Reformation or correction of testamentary documents
If the error is a mistake in the will or trust instrument (for example, the testator intended a different person to be named but the written document identifies the wrong sibling), Washington courts may allow reformation or correction where clear extrinsic evidence shows the testator’s intent and a scrivener’s or drafting mistake occurred. That process is more complicated and usually requires a contested hearing and strong evidence.
6. Practical steps to start
- Stop and document: Make a clear written note of the error, who discovered it, and supporting documents.
- Contact the probate clerk: Ask the clerk how your county handles corrections and what forms are commonly used. County procedures vary.
- Prepare and file: File an affidavit or a petition to correct the record, attach supporting proof, and include a proposed order.
- Serve parties: Serve the personal representative and all interested persons per the court’s probate rules.
- Attend any hearing: Be ready to explain and present evidence.
7. Timing and consequences
Correcting a clerical error is usually quick. Substantive corrections can take weeks to months. If distributions haven’t occurred, courts act faster. If funds already distributed, correcting the record may require returning assets or other remedies.
8. When to get help from a lawyer
Consider hiring a lawyer when:
- The error changes who inherits or who serves as personal representative.
- Multiple people dispute heirship or ownership.
- The estate has closed or assets distributed.
- You need to reopen the estate or bring a claim for recovery.
An attorney can prepare pleadings, handle service and notice, and present testimony at hearings.
Helpful Hints
- Act quickly. Early correction is easier and less costly than reopening a closed estate.
- Collect and organize documents that show true identities (birth certificates, marriage certificates, the decedent’s records, correspondence, prior court filings).
- Talk to the probate clerk before filing. Clerks can explain local practice and required forms for your county’s superior court.
- Use clear labels on filings: call out that you are correcting a clerical error or filing an amended petition so the judge and clerk see the purpose immediately.
- Always serve all required parties. Failure to give proper notice can delay the court’s action.
- If the error risks altering distributions, warn other interested persons in writing and try to get a written stipulation if everyone agrees. A stipulation and proposed order speeds approval.
- Keep copies of everything you file and proof of service.
- If you can’t afford a lawyer, check whether your county offers limited-scope assistance or self-help resources through the superior court or local legal aid organizations. Washington Courts forms and resources are available at https://www.courts.wa.gov/forms/.
Resources
- RCW Title 11 (Probate, Trusts, and Protective Proceedings): https://app.leg.wa.gov/RCW/default.aspx?Cite=11
- Washington Courts — probate forms and self-help resources: https://www.courts.wa.gov/forms/
Disclaimer: This article is educational only and does not constitute legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Washington attorney who practices probate law.