Detailed Answer — Opening probate for a sibling’s estate while you live out of state (Washington law)

Short answer: If your sibling died owning assets that require a court-supervised transfer, you (or someone named in the will) can open probate in the Washington Superior Court for the county where the decedent lived or where the Washington property is located. You can usually start the process from another state by filing paperwork by mail or e-filing, hiring a Washington attorney, or appointing a local personal representative. Follow the steps below and consult a Washington probate attorney for case-specific guidance.

1. Does the estate need probate?

Probate is required when assets are titled only in the decedent’s name and no beneficiary or transfer-on-death designation applies. Common probate assets include:

• Real property titled in the decedent’s name alone.
• Bank or brokerage accounts without payable-on-death or joint-owner designations.
• Personal property of significant value.

If the estate is small, Washington has simplified procedures (see the small estates chapter, RCW 11.62).

2. Where to file

File in the Washington Superior Court for the county where the decedent was domiciled at death. If the decedent lived outside Washington but owned real property in Washington, you may need an ancillary probate limited to those Washington assets in the county where the property sits.

Washington probate laws are in Title 11 of the Revised Code of Washington; see chapters on wills, administration, and small estates at the legislature site: RCW 11.28, RCW 11.20, and RCW 11.62.

3. Who can open probate?

Common petitioners:

• The executor named in a valid will.
• If there is no will, a close family member (spouse, child, parent, sibling) may petition to be appointed personal representative (administrator).

If you are out of state, you can still petition. Courts appoint nonresident personal representatives, although they may require a bond or an in-state agent depending on the circumstances.

4. Step-by-step: How to open probate from another state

1. Confirm key facts: Determine the decedent’s last domicile, locate the will (if any), and list assets and creditors. Obtain certified death certificate copies from the state that issued them.
2. Decide whether probate is needed: Check whether bank accounts, securities, or real property pass automatically by beneficiary designation, joint tenancy, or trust. If not, proceed.
3. Contact the county Superior Court clerk: Identify the appropriate county where the decedent lived or where property is located. Many clerks post local probate filing requirements and forms online. Use the Washington Courts court directory to find contact information: Washington Courts – Court Directory.
4. Prepare and file a petition: Common filings include a Petition for Probate (with the original will, if any), a copy of the death certificate, and any required filing fee. Some counties accept mail-in and e-filings; rules and required forms vary by county.
5. Notice and bond: The court will require notice to heirs and possibly publication for creditors. If the petitioner is a nonresident or the court deems it necessary, the petitioner or appointee may have to post a bond to protect the estate.
6. Hearing and appointment: The court may set a hearing or appoint a personal representative without a hearing. Once appointed, the court issues letters testamentary or letters of administration, which allow the representative to act.
7. Administer the estate: Inventory assets, pay valid creditors and taxes, and distribute assets per the will or Washington intestacy laws (RCW 11.20).
8. Close the estate: File required accounting or final report with the court and obtain the court’s order closing the estate.

5. Special situations

Small estates

If total assets subject to probate are below the statutory threshold, you may use a simplified affidavit procedure to collect property without full probate. See RCW 11.62 for details and the exact thresholds.

Ancillary probate for nonresidents

If the decedent was domiciled outside Washington but owned Washington real estate or other in-state assets, the estate usually needs an ancillary proceeding limited to those assets and handled in the county where the property is located.

Nonresident personal representatives

Washington courts commonly appoint nonresidents, but may require a bond, an in-state representative, or a local attorney to accept service. Ask the county clerk about local practice.

6. Typical documents you’ll need

• Certified death certificate(s).
• Original will (if one exists) and any codicils.
• List of assets and approximate values (bank accounts, real property, vehicles, investments).
• List of heirs and known creditors, with contact information.
• Identification for the petitioner.

7. Practical options for handling the process from another state

• Hire a Washington probate attorney to prepare and file paperwork, represent you at hearings, and act as local counsel for the estate.
• Ask the court clerk whether the county accepts mail filing or e-filing so you can file remotely.
• If you are appointed personal representative but cannot handle administration from afar, you can hire a local attorney or appoint an in-state co-representative to handle on-the-ground tasks.

8. Costs and timeline

Probate costs depend on the size and complexity of the estate, attorneys’ fees, court filing fees, and whether a bond is required. A simple probate can take a few months; complex estates or those with creditor issues or litigation can take a year or more.

9. Where to find Washington probate forms and county rules

Washington Courts maintains forms and resources online: Washington Courts – Forms. For county-specific procedures and fee schedules, contact the Superior Court clerk in the relevant county via the court directory: Washington Courts – Court Directory.

10. When to consult a lawyer

Talk with a Washington probate attorney if any of the following apply:

• There is a will contest or family disagreement.
• The estate includes Washington real estate but the decedent lived elsewhere (ancillary probate).
• There are significant creditors, tax issues, or complicated investments.
• You are unfamiliar with Washington probate steps and prefer a local person to act on your behalf.

Relevant statutes and resources (Washington):

• Probate of wills and administration: RCW chapter 11.28
• Intestate succession (if no will): RCW chapter 11.20
• Small estates and affidavit procedures: RCW chapter 11.62
• Washington Courts forms: https://www.courts.wa.gov/forms/
• Find the county Superior Court clerk: https://www.courts.wa.gov/court_dir/

Disclaimer

This post is for general informational purposes only and is not legal advice. Laws change and each case has unique facts. For advice tailored to your situation, consult a licensed Washington attorney before taking action.

Helpful Hints

• Start by getting multiple certified copies of the death certificate — banks often require them.
• Before filing, call the county Superior Court clerk to learn local form names, filing fees, and whether e-filing or mail filing is allowed.
• If possible, gather and preserve the original will immediately; many courts prefer the original when probating a will.
• Consider a local Washington attorney for an initial consult to confirm whether probate is necessary or a small-estate affidavit will suffice.
• If you are named executor but live out of state, check whether the court will require a bond; purchasing a bond can be a surprise cost.
• Keep clear records—bank statements, inventories, receipts, and correspondence—to make administration and closing smoother.
• If the only Washington asset is a small bank account or a vehicle, ask the bank or the Department of Licensing whether a probate or affidavit option exists to avoid full probate.