Detailed Answer
When you live out of state but need to submit an original will to a Washington probate court, follow a clear, step-by-step process so the court receives the will safely and the estate can be opened. Below are the steps most commonly required under Washington law and practical options when you cannot appear in person.
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Confirm the correct Washington court (venue).
Probate in Washington is generally handled by the Superior Court in the county where the decedent was domiciled at death, or if the decedent had no Washington residency, in the county where the decedent’s property is located. See RCW 11.28.010 for venue rules: RCW 11.28.010.
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Call the county Superior Court clerk’s probate division.
Different counties have slightly different intake procedures, fees, and required forms. Ask the clerk how they accept original wills from out-of-state filers (mail, courier, or in-person) and request a list of the documents and filing fees. You can find probate forms and general guidance from Washington Courts here: Washington Courts – Probate & Trusts Forms.
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Prepare the essential documents to send with the original will.
Typical items the court will expect include:
- Original will (the document you are submitting for admission).
- Certified copy of the death certificate.
- Petition to admit will to probate (or application for probate/appointment of personal representative) — use county or statewide probate form when available.
- A completed filing cover sheet and payment for the filing fee (check the clerk’s instructions for acceptable payment methods).
- Your contact information and a clear cover letter identifying the decedent, the will date, and whether you are the nominated personal representative (executor).
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Send the original will securely.
Use a secure, trackable method (overnight courier or certified mail with return receipt). Include a pre-paid, pre-addressed return envelope only if you want the clerk to return the document after filing—note that many courts will retain the original will as part of the probate file once admitted. Place duplicate copies of the will and all documents in the package as backup, and mark the package clearly for the probate clerk.
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Consider how you will handle any required court appearances or oaths.
Washington courts may require the nominated personal representative to take an oath or sign an affidavit, and some counties permit remote/telephone appearances or sworn statements signed before a notary. Ask the clerk whether the court accepts:
- Notarized affidavits in lieu of in-person testimony.
- Remote appearances by phone or video for hearings.
If the court requires in-person appearance and you cannot travel, you may appoint a local agent or hire a Washington attorney to appear on your behalf.
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If you are appointed as personal representative from out of state.
Nonresidents can generally serve as personal representatives in Washington, but the court may require a local address for probate communications. Some personal representatives hire a Washington attorney to assist with local filings, bonds (if required), and bank or property matters. If the will nominates a named personal representative, the court will generally give preference to that person if they are qualified and willing to serve.
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If the original will is missing.
If the original cannot be located, Washington law allows probate of a copy only after strict proof of the original’s execution and the circumstances of its loss or destruction. That is a more complex process—contact the clerk and consider a Washington probate attorney to evaluate next steps.
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Follow up and keep records.
Request a stamped file-stamped copy or written confirmation when the clerk receives the will. Keep tracking numbers, receipts, and copies of everything you send. If you hire an attorney, they can request certified copies of letters testamentary or other court orders for estate business.
These steps reflect typical Washington practice. County clerks set local procedures within the state law framework, so contacting the specific county’s Superior Court probate clerk before you send anything will save delays and reduce risk.
Helpful Hints
- Get several certified copies of the death certificate before filing; banks and other institutions often require originals of the certified copy.
- Keep at least one clear photocopy of the original will for your records before sending the original.
- Use a courier that provides a chain-of-custody record and insurance for valuable documents.
- Ask the clerk whether the county accepts electronic filing or scanned submissions for supporting documents (even if the original will must be physical).
- If you are named executor but live out of state, consider retaining local counsel for filing, hearings, and asset management; an attorney can also obtain certified copies of probate orders for use with Washington banks and property transfers.
- If you expect creditors or complicated claims, consider consulting a Washington probate attorney early to avoid mistakes that could increase liability or delay estate administration.
- Confirm fees and any bond requirements before you file so you can include payment and avoid rejection or hold.
- If the will is self-proved (contains a self-proving affidavit), that usually speeds admission. Bring or include any self-proving affidavit with the original will.