Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
In Washington, probate estate files are generally open to the public under the Uniform Probate Code (see RCW 11.96.008) and the Washington Public Records Act (RCW 42.56). Each county’s probate division maintains these files. To request copies of estate records, you will need to supply certain key pieces of information and follow the court’s procedures.
1. Decedent’s Full Name
Provide the complete legal name of the person whose estate you are researching. Avoid nicknames or initials if possible.
2. Date of Death
Estimate or supply the exact date of the decedent’s death. This narrows your search, especially in counties with large case volumes.
3. Probate Case Number (If Known)
If you have the court’s file number, include it. It accelerates the clerk’s ability to locate the correct file.
4. County of Probate Filing
Identify the county where the probate petition was filed. Washington has 39 counties. Confirm the correct court (e.g., King County Superior Court).
5. Approximate Filing or Hearing Date
When the probate was opened or major hearings took place, approximate dates help cross-reference indexes.
6. Purpose of Request
Some courts ask you to state why you need the records (e.g., genealogical research, beneficiary inquiry).
7. Requester Identification
Courts often require a valid government-issued photo ID to process a records request in person or notarized identification when submitting by mail.
8. Request Form and Fees
Check the county probate clerk’s website for any specific records request form. Be prepared to pay copying fees (often per page) and handling or mailing charges.
Under RCW 11.96.008 (Public inspection and copying of probate records), any person may inspect or copy probate files at the courthouse. Under RCW 42.56 (Washington Public Records Act), counties must respond to public records requests within five business days unless an extension is allowed. Always verify fee schedules and submission guidelines directly with the local court clerk.
Helpful Hints
- Visit the county superior court’s website for online indexes or forms before contacting the clerk.
- Call the probate division to confirm current fees and acceptable payment methods.
- When requesting by mail, include a self-addressed stamped envelope to expedite delivery.
- Consider an in-person visit for faster access, especially if you need certified copies.
- If you hit a record-retrieval delay, politely ask for a status update under the Public Records Act (RCW 42.56.520).
- Retain all correspondence, fee receipts, and request confirmations for your records.