Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
After the court enters a final order closing a probate estate, heirs occasionally discover unclaimed assets such as bank accounts, retirement plan benefits, life insurance proceeds or unrecorded real estate. Washington law permits an interested person to petition the superior court to reopen a closed probate estate and recover those assets.
Step 1: Confirm You Are an Interested Person
Under RCW 11.04.015, interested persons include heirs, devisees, creditors and personal representatives. You must show a direct financial interest in the estate, for example by inheriting under the will or by intestacy.
Step 2: Identify the Legal Basis
Washington Revised Code Section RCW 11.76.090 authorizes the court to set aside a final account and reopen an estate for cause shown, such as newly discovered assets, fraud, mistake or omission. The statute does not impose a strict deadline, but prompt action helps protect your rights.
Step 3: Prepare the Petition
Submit a written petition to the superior court clerk in the county where the estate was originally probated. The petition should:
- Identify the decedent and the original case number.
- State your relationship to the decedent and your financial interest.
- Explain why reopening is necessary (for example, a previously unknown bank account).
- Describe the unclaimed assets and provide an estimated value.
Step 4: File and Serve Notice
File the petition and pay the required filing fee. Serve a copy of the petition on all interested persons as defined in RCW 11.04.015. The court will schedule a hearing and set deadlines for filing objections.
Step 5: Attend the Hearing
At the hearing, present evidence such as bank statements, beneficiary designations or property records. Interested persons may object. If the court finds sufficient cause, it will issue an order to reopen the estate and direct the personal representative or successor to recover and distribute the unclaimed assets.
Helpful Hints
- Review the original final account to see which assets the estate handled.
- Gather clear documentation for any newly found assets, including account statements and deeds.
- Use the original probate case number in all filings to avoid administrative delays.
- Although RCW 11.76.090 has no strict re-opening deadline, act promptly to preserve evidence and prevent disputes.
- Consider consulting an attorney if the assets exceed small-estate limits or if interested persons contest the petition.