Disclaimer: This is general information only and is not legal advice. I am not a lawyer. For advice about your specific situation, consult a licensed Washington attorney.
Detailed answer — How to be appointed to administer a Washington estate when the decedent died without a will
If your parent died without a will (intestate) in Washington, you can ask the Superior Court in the county where your parent lived to appoint a personal representative (often called an administrator) to handle the estate. Washington’s probate laws are in Title 11 of the Revised Code of Washington (RCW). For background on intestate distribution, see RCW chapter 11.04: RCW Title 11, Chapter 11.04. For probate procedure, see RCW Title 11: RCW Title 11.
Step-by-step: What you will normally need to do
- Confirm intestacy and collect documents
- Confirm there is no valid will. Check with relatives, safe-deposit boxes, the deceased’s lawyer, and important papers.
- Gather the death certificate, the deceased’s ID information, lists of assets (bank and investment accounts, real estate, titles, insurance, retirement accounts), and contact info for likely heirs.
- Decide whether you need formal administration
- Small estate procedures may allow transfer of certain property without full probate. Washington has a simplified small estate process (see RCW chapter 11.62): RCW 11.62.
- If the estate owns real property, significant assets, or there are creditor issues or disputes among heirs, formal probate and appointment of a personal representative is usually needed.
- File a petition in Superior Court
- Go to the Superior Court in the county where the decedent resided. You (or an attorney) will file a petition to appoint a personal representative (sometimes called “petition for probate” or “petition for appointment”). Courts use local forms and procedures; many courts publish packet and forms for opening an estate. Washington Courts forms and probate resources are available here: Washington Courts — Probate Forms.
- The petition will ask who the heirs are, the approximate value of estate assets, and whether the decedent left a will (answer: no, in intestacy). You will generally attach the death certificate and proposed notices.
- Notice and priority for appointment
- Washington law sets a priority list for who the court should appoint as personal representative. Spouse, adult children, or other close relatives typically have priority. If you are the decedent’s child, you are usually eligible; if multiple people have equal priority, the court may appoint the person who petitions or who the majority of heirs prefer.
- The court requires notice to heirs and to creditors. You may need to publish a notice to creditors and mail or serve notice to known heirs and interested parties.
- Bond, hearing, and letters of appointment
- Depending on the estate and whether the will (none here) waives bond, the court may require a bond (insurance that protects heirs and creditors). The court or local rules will state bond amount requirements.
- The court schedules a hearing or issues an order after reviewing the petition and notices. If the court approves, it signs an order appointing you as personal representative and issues Letters to Personal Representative (letters of administration) evidencing your authority to act for the estate.
- Administer the estate
- As personal representative you must identify, secure, and value estate assets; pay valid debts and taxes; file required inventories and accountings if the court requires them; and distribute remaining assets to heirs according to Washington intestacy statute (RCW chapter 11.04).
- Provide notices to creditors and follow claim timelines. Washington creditor claim procedures and deadlines are governed by RCW chapter 11.40: RCW 11.40.
- Keep clear records. You may need to file a final accounting and petition for distribution with the court before closing the estate.
Who can be appointed and potential conflicts
Washington gives priority to certain people when appointing a personal representative. Generally, a surviving spouse, adult child, parent, or other heir can serve. If multiple people with equal priority ask, the court decides who is best. If someone else objects (for example, disputes about suitability or conflicts of interest), the court will consider those objections before appointing.
Timeframes and costs
How long probate takes depends on the estate size, creditor claims, and whether disputes arise. Simple administrations that proceed without dispute may close in several months; complex or contested estates can take a year or more. Court filing fees, publication and bond costs, attorney fees (if you hire counsel), and executor fees (statutory or reasonable compensation) are common estate costs.
When to get help from an attorney
Consider hiring a probate attorney if the estate has real estate, large or complex assets, tax issues, creditor disputes, unclear heirship, or family conflict. An attorney can prepare petitions, represent you at hearings, and advise about duties and potential personal liability. If you cannot afford an attorney, contact local legal aid or your county bar association for referrals.
Helpful hints
- Locate multiple certified copies of the death certificate early — courts and banks typically require them.
- Search the deceased’s files, email, and safe-deposit boxes for bank account and property paperwork and any mention of a will.
- Check whether any assets have payable-on-death (POD) or transfer-on-death (TOD) beneficiaries — those pass outside probate.
- Keep estate funds separate from your personal accounts to avoid claims of commingling.
- Make a list of likely heirs and their contact information before filing. The court needs to know who should receive notice.
- Ask the court clerk for the local probate filing packet and checklist for your county Superior Court — local rules vary.
- If the estate is small, research Washington’s small estate procedures under RCW chapter 11.62: RCW 11.62 — this may let you transfer some assets without full probate.
- Keep detailed records and receipts for every action you take as personal representative; you may need to provide an accounting to heirs or the court later.
Key statute references and resources (for review):
- Washington probate and trust law (Title 11, RCW): https://app.leg.wa.gov/rcw/title11/
- Intestate succession (distribution when there is no will): RCW chapter 11.04
- Creditor claims and procedure: RCW chapter 11.40
- Small estate procedures: RCW chapter 11.62
- Washington Courts probate forms and information: Washington Courts — Probate Forms
Next practical steps: contact the Superior Court clerk in the county where your mother lived, request the probate packet for intestate estates, and consider an initial consultation with a probate attorney to confirm whether formal administration is necessary.