Detailed Answer
In Washington, applying for letters of administration requires filing a petition with the superior court. Letters of administration grant authority to a personal representative when a decedent dies without a valid will (intestate) or if no executor is named. The process follows the Revised Code of Washington (RCW) Title 11.
Core Documents Required
- Certified Death Certificate: Obtain a certified copy from the county health department or the Washington State Department of Health. This certificate proves the date and fact of death.
- Petition for Letters of Administration: File the statutory petition in the superior court of the county where the decedent lived. See RCW 11.36.100 for form and content requirements.
- Notice of Hearing: Serve notice on all potential heirs and interested parties. The court sets a hearing date after you file the petition. See RCW 11.36.010 for procedures on notices.
- Heirship Consents or Waivers: Obtain written consents from heirs if required or waivers of bond. Washington law permits bond waivers by unanimous consent. See RCW 11.28.120.
- Oath of Personal Representative and Bond: Unless all heirs waive the bond, you must post a surety bond and complete the Oath of Personal Representative form. See RCW 11.36.160.
- Letters of Administration: Draft the letters for the judge’s signature. Once signed, the clerk issues certified copies.
Filing and Post-Appointment Requirements
After filing, attend the court hearing with all documents. Upon approval, the court issues letters of administration. As personal representative, you must file an inventory and appraisal of assets within 60 days and provide notices to creditors under RCW 11.36.120.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Helpful Hints
- Verify required forms on your county superior court’s website.
- Order multiple certified copies of the death certificate early.
- Identify and contact all potential heirs before filing.
- Consider professional help for bond and appraisal requirements.
- File the inventory and notices promptly to avoid delays.