Detailed Answer
Discovering a decades-old will in Washington triggers a specific probate process. You must first confirm that the document meets state requirements for a valid will. Under RCW 11.20.022, a will must be signed by the testator (the person who made the will) in the presence of at least two witnesses who also sign the document.
Step 1: Confirm Authenticity and Valid Execution. Examine the document for the testator’s signature, witness signatures, and a date. If the original is missing or damaged, you can introduce a verified copy along with affidavits from witnesses or other credible persons under RCW 11.20.022.
Step 2: Identify Interested Parties. Compile a list of heirs at law, named beneficiaries, and known creditors. Washington law requires notice to all interested parties before admitting a will to probate under RCW 11.28.011.
Step 3: File a Probate Petition. File a petition for probate of the will in the county superior court where the decedent resided. Attach the original will (or a properly proved copy) and witness affidavits. The court will schedule a hearing to determine whether the will is valid and whether to appoint a personal representative.
Step 4: Provide Notice and Attend Hearing. Serve notice on all beneficiaries and heirs at least 30 days before the hearing. The court reviews evidence of due execution and hears any objections. If no one contests, the court admits the will and issues Letters Testamentary to the appointed personal representative.
Step 5: Administer the Estate. The personal representative collects assets, pays debts and expenses, and distributes property according to the will. Washington has no statute of limitations on probating a will, but delays can complicate locating witnesses or records.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Locate the original will first. If you can’t, gather credible testimony about the original’s contents.
- Check witness status. Witnesses must be adults and disinterested under RCW 11.20.010.
- Compile a full heir list. Use Washington’s descent statutes to identify heirs at law.
- Consult court clerks early. They can guide you on local filing procedures and fees.
- Keep detailed records. Note all dates, notices served, and communications with court personnel.