Overview

If you need to have a will that was executed in another state admitted to probate in Washington, the time it takes can vary widely. This article explains the typical timelines under Washington law, the factors that speed up or slow down the process, and steps you can take to move things along. This is educational information only and not legal advice.

Detailed Answer: How long does it usually take to admit an out-of-state will to probate in Washington?

Short answer: for a straightforward, uncontested matter where the decedent was domiciled in Washington or where only a small amount of Washington property needs administration, you may see initial court action in a few weeks to a few months; most routine estates run 6–12 months from filing to final distribution. If the will requires ancillary probate (because the decedent was domiciled elsewhere but owned property in Washington), a simple ancillary estate may be handled in 1–4 months; contested matters or estates with complex assets commonly take 1–3 years or longer.

Why the big range? The timeline depends on which of these scenarios applies:

• Decedent domiciled in Washington, will executed elsewhere. The will is filed in the superior court in the county of the decedent’s residence. The court follows Washington probate procedures for admitting the will and appointing a personal representative. The process typically includes filing, a short waiting period, notice requirements, and then issuance of letters testamentary. Initial action (appointment) can be a few weeks to a couple of months in uncontested cases.
• Decedent domiciled in another state but owned Washington real estate or bank accounts. Washington generally requires ancillary probate to clear title or transfer Washington assets. Because the ancillary estate is limited to Washington assets, it can be faster than a full probate (sometimes a few weeks to a few months) if nobody contests the will or the appointment.
• The will has execution or authenticity problems. If witnesses are unavailable, signatures are disputed, or the will wasn’t executed according to the other state’s rules, the court may need more evidence, affidavits, or even a contested hearing — this extends the timeline substantially.
• Contested probate, creditor claims, or complex assets. Creditors, heirs, or others may contest validity, appointment, accountings, or distributions. Also, estates with real estate, businesses, or tax issues take longer to resolve.

Key statutory points under Washington law:

• Wills must be filed and presented for probate in the appropriate superior court. See RCW 11.28.010 for rules about presenting wills to the court: RCW 11.28.010.
• Washington has statutory time periods that affect the administration schedule, such as creditor claim periods. For example, creditor notice and claim timing affect when distributions can safely be made; see RCW 11.40.020 for creditor claim information: RCW 11.40.020. (A typical creditor-claim period may mean you wait months before final distribution.)

Typical procedural milestones and estimated timing

1. File original will and petition to probate. Filing day is Day 0. Clerk reviews and sets hearing or enters order on petition. Estimated: same day to 2–6 weeks.
2. Notice to heirs and publication/creditor notice. Washington law requires service/notice and sometimes published notice to creditors. These notice steps create waiting windows (commonly counted in weeks to months). Estimated: concurrent with initial 1–2 months.
3. Appointment of personal representative and issuance of letters. Court issues letters testamentary or letters of administration if uncontested. Once appointed, the personal representative can act on behalf of the estate. Estimated: 2–8 weeks in straightforward cases.
4. Inventory, creditor period, and administration. The personal representative gathers assets, pays administrative expenses, and waits out creditor deadlines. Estimated: most basic estates need 4–6 months to clear this phase; creditor timelines can extend this.
5. Distribution and closing (final accounting). After satisfying creditors and resolving disputes, the estate closes and assets transfer to beneficiaries. Estimated: after 6–12 months for routine estates; longer if contested or complex.

Hypothetical example

Hypothetical: An elderly Washington resident died owning a home and bank accounts. He signed a will while traveling in another state. The will is located, contains valid witness statements, and no one contests it. The person filing the will petitions the county superior court. The court appoints them as personal representative within 4 weeks, notices to creditors run for ~120 days, and the personal representative sells a vehicle and transfers bank accounts. After creditor period closes and no claims appear, the court approves distribution and the estate winds up at about 7–9 months after filing.

Factors that cause delays

• Missing or defective original will (may require oath or additional proof).
• Witnesses unavailable or unwilling to testify.
• Heirs or creditors file formal objections.
• Real property title issues or required sales.
• Tax issues or inter-jurisdictional complications when another state already probated the will.

Practical steps to shorten the timeline

• Locate and file the original will promptly with the superior court where probate should be opened.
• Bring certified copy of death certificate and a clear list of assets and creditors.
• Provide witness affidavits or proof of proper execution when the will was signed (especially important for out-of-state execution issues).
• If the decedent was domiciled elsewhere and you only need to transfer Washington property, consider ancillary probate to limit proceedings to Washington assets.
• Work with an attorney familiar with Washington probate and with ancillary probate practice if the primary probate is in another state.

When to contact an attorney

Consult an attorney if you see any of the following: competing wills or contests, missing witnesses, substantial Washington property (real estate, business interests), or if probate is already open in another state. An attorney can advise whether you need full probate or ancillary probate only, prepare required pleadings, and help meet notice and filing requirements.

Helpful Hints

• Keep the original will safe and file it quickly with the superior court in the proper county.
• If the decedent was a nonresident, gather deeds or account statements proving Washington assets to determine whether ancillary probate is necessary.
• Ask for certified copies of the letters testamentary or administration — institutions often require them to release funds.
• Expect at least a several-month wait to protect against creditor claims before final distribution.
• If time is critical (e.g., a pending real estate sale), tell the court and your attorney; courts sometimes issue limited orders or allow interim relief.

Where to look for more. Start with the Washington statutes on probate and the Washington Courts website, and consult local superior court rules for the county where you will file. Useful statutory links: RCW 11.28.010 (presentation and filing of will) and RCW 11.40.020 (creditor claim timing).