Notifying heirs and interested persons when starting probate in Washington

Short answer: When you open probate in Washington you must give formal notice to the people and entities who have legal interest in the estate. At minimum that typically includes: (1) the decedent’s heirs and devisees (people named in the will and those who would inherit under intestacy), (2) a surviving spouse, and (3) known creditors. Washington law also requires publication notice for unknown creditors. You must serve (or mail) the appropriate notices, file proof of service with the court, and meet statutory requirements for any summary or small-estate procedures.

Detailed answer — what notices, to whom, and why

When you file a petition to admit a will to probate or to appoint a personal representative in Washington, the court expects the petitioner to notify the people who have a legal interest in the estate. The relevant Washington probate rules and statutes define who those “interested persons” are and set out the duties for notice and creditor publication. See the Washington Probate Code, Title 11 RCW: https://apps.leg.wa.gov/rcw/title11/.

Common notices you will need to provide:

• Notice of petition to admit the will and/or to appoint a personal representative

  Who receives it: people named in the will (devisees/beneficiaries), the decedent’s heirs-at-law (next of kin), and any other persons the statute classifies as interested. The statutory definition of interested persons helps you identify who must be notified. See RCW 11.28.010 for the statutory definition of interested persons: https://apps.leg.wa.gov/rcw/default.aspx?cite=11.28.010.

  Why: This gives those people a chance to object to probate or to the appointment before the court acts.

• Notice of appointment of personal representative (after the court acts)

  Who receives it: typically the same interested persons and anyone required by court rule. The appointed personal representative should serve or mail a notice of appointment and provide information about the administration and bond (if any).

  Why: establishes the representative’s authority and lets heirs and beneficiaries know who is handling the estate.

• Notice to known creditors (direct mail)

  Who receives it: persons or businesses who have presented a claim or are known to the personal representative as creditors.

  Why: to give creditors an opportunity to present claims against the estate. Washington requires the personal representative to give notice to known creditors by mail and to publish notice for unknown creditors. See RCW 11.40.020 for notice to creditors: https://apps.leg.wa.gov/rcw/default.aspx?cite=11.40.020.

• Notice to unknown creditors (publication)

  Who receives it: creditors who are not known to the personal representative. The law allows notice by publication in a qualifying newspaper in the county where probate is opened.

  Why: publication completes constructive notice and starts the statutory deadline by which unknown creditors must file claims.

• Special notices for small-estate or summary procedures

  Who receives it: varies by procedure. Washington has specific statutes for small estates and summary settlement options. If you use a small-estate affidavit or summary probate procedure, the notice and timing requirements differ. See RCW 11.62.010 and related small-estate provisions: https://apps.leg.wa.gov/rcw/default.aspx?cite=11.62.010.

How to serve notices and what to file with the court

• Follow the court rules and local superior court procedures for service. Many notices must be mailed by first-class mail; some can be personally served.
• Keep proof of service (signed affidavit of service, postal return receipts, or the court’s certificate of mailing) and file that proof with the court before or at the hearing as required by local practice.
• For publication notices to creditors, keep copies of the published notice and the newspaper’s affidavit of publication; file that with the court.

Timing and deadlines (general guidance)

Timing rules vary depending on the petition type and whether you are admitting a will, appointing a personal representative, or using a small-estate process. Creditors’ claim deadlines are statutory, and failure to give proper notice can affect the estate’s ability to bar late claims. Because timing is critical, check the statutes and local court rules or consult an attorney early in the process.

Practical checklist — sample notices to prepare

1. List of interested persons: heirs-at-law, beneficiaries named in the will, surviving spouse, and other persons with possible claims.
2. Draft Notice of Petition to Admit Will/Appointment of Personal Representative (for each interested person).
3. Proof of service forms and envelopes/return receipts for mailing.
4. Notice to known creditors (mailed) and a list of known creditors with addresses.
5. Instructions to the newspaper and affidavit of publication for the notice to unknown creditors.
6. File copies of all proof-of-service documents with the probate court file.

When to get legal help

If the estate has many potential heirs, disputed beneficiaries, complex assets, or significant creditor claims, hiring a probate attorney is strongly recommended. An attorney can:

• Identify all persons entitled to notice under RCW and Washington court rules;
• Prepare and properly serve notices;
• File the correct proofs of service and publication; and
• Advise on creditor claim deadlines and tax issues.

Helpful Hints

• Start by preparing a complete list of relatives, beneficiaries, and potential creditors. Missing an interested person can delay probate.
• Use certified or first-class mail for direct notices and keep postage receipts and proof of mailing.
• Publish creditor notice in the county where probate is opened; ask the court clerk which newspapers meet the statutory requirements in that county.
• File proof of service and affidavit of publication promptly with the probate court file to avoid hearing delays.
• If an heir’s address is unknown after reasonable effort, document your search (phone calls, last known addresses, online searches) before relying on notice by publication.
• If you think a creditor may have a significant claim (e.g., tax lien, mortgage), send direct written notice even if the creditor is not on your initial list.
• For small estates or summary procedures, confirm whether the simplified notice rules apply before proceeding. See RCW Chapter 11.62 for small-estate procedures: https://apps.leg.wa.gov/rcw/default.aspx?cite=11.62.010.

Useful statutory starting points (Washington):

• Definition of interested persons and who must be notified: RCW 11.28.010 — https://apps.leg.wa.gov/rcw/default.aspx?cite=11.28.010
• Notice to creditors: RCW 11.40.020 — https://apps.leg.wa.gov/rcw/default.aspx?cite=11.40.020
• Small estate procedures: RCW 11.62.010 — https://apps.leg.wa.gov/rcw/default.aspx?cite=11.62.010
• Washington Probate Code (Title 11 RCW): https://apps.leg.wa.gov/rcw/title11/

Next steps

If you are preparing to open probate: assemble the decedent’s will (if any), a list of heirs and beneficiaries with addresses, known creditor information, and the decedent’s death certificate. Visit your county superior court probate clerk’s office or website for local forms and filing procedures. If you are unsure which notices apply or how to calculate deadlines, contact a probate attorney in Washington for specific guidance.