Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
Under Washington law, the proper venue for opening or transferring a decedent’s estate depends on the decedent’s residence and the location of estate assets.
1. Primary Administration (Resident Decedent)
If the decedent was domiciled in Washington at the time of death, you must open the estate in the superior court of the county where the decedent resided. See RCW 11.20.010 (link).
2. Ancillary Administration (Nonresident Decedent with Washington Assets)
If the decedent lived outside Washington but owned real or personal property here, you must open an ancillary estate in the superior court of the county where the property lies. See RCW 11.56.020 (link).
3. Transfer of Venue (Change of Venue)
If you have already opened probate in one county but most assets or the personal representative’s residence lies in another county, you may petition the court to transfer venue. The court will grant a transfer when the major part of the estate or the personal representative’s residence is in the receiving county. See RCW 11.20.030 (link).
4. Procedure to Change Venue
To request a transfer of venue:
- File a motion or petition under RCW 11.20.030 in the original court.
- Serve notice on all interested parties.
- Obtain a court order approving the transfer.
- Submit a certified copy of that order to the clerk in the new county.
- Follow local court rules for fees and required forms.
Helpful Hints
- Always verify the decedent’s domicile at death to identify the primary venue.
- Inventory all in-state assets to determine if ancillary administration is necessary.
- Document the location of bank accounts, real property, and personal property before filing.
- Review local superior court probate rules; each county may have unique forms and fee schedules.
- Keep creditors and beneficiaries informed when you change venue to avoid delays.
- Consider consulting an attorney if the estate involves complex assets or jurisdictional issues.