Disclaimer: This article provides general information about Washington probate law and is not legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a person dies without a will (intestate) in Washington, the court appoints an administrator to manage the estate. A potential heir—such as a surviving spouse, child, parent or sibling—can petition the probate court to serve as administrator. Key steps under Washington law include:
1. Determine Venue
File the petition in the Superior Court of the county where the decedent was domiciled. See RCW 11.12.020.
2. Identify Eligible Heirs
Washington law ranks potential personal representatives by priority. Under RCW 11.20.020, the order is:
- Surviving spouse.
- Children (per stirpes distribution).
- Parents.
- Siblings and descendants of deceased siblings.
- Next of kin under RCW 11.24.010 (intestate succession).
3. File a Petition for Letters of Administration
The interested heir files a petition asking the court to issue letters of administration. The petition must include:
- Decedent’s date of death and residence.
- List of known heirs and their relationships.
- Statement that there is no valid will.
4. Provide Notice
Washington law requires notice to all heirs and any known creditors. The court will set a hearing date to consider the petition.
5. Appointment and Bond
If the court finds the petitioner is entitled and no valid objections exist, it issues letters of administration. Usually, the administrator must post a bond to secure estate assets. Bond requirements are set by RCW 11.28.010. Heirs may waive bond by unanimous consent under RCW 11.28.110.
Example Scenario
Consider Jane, whose brother John died intestate in King County. Jane is his only sibling and next of kin. She filed a petition in King County Superior Court under RCW 11.20.020, provided notice to all interested parties, and secured a bond. The court granted her letters of administration, allowing her to collect John’s assets, pay debts, and distribute the remainder to herself as the sole heir.
Helpful Hints
- Confirm the decedent left no valid will before filing.
- Gather birth, marriage and death certificates to prove relationships.
- Prepare an affidavit of heirs listing all potential beneficiaries.
- Check if all heirs will waive the bond to simplify appointment.
- File in the Superior Court for the county where the decedent was domiciled.
- Keep detailed records of notices, filings and court orders.
- Consider consulting a probate attorney if complex assets or disputes arise.