Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
Washington law does not use the terms “common form probate” or “solemn form probate.” Instead, probate in Washington follows either independent administration (unsupervised) or supervised administration. These two models offer different levels of court involvement and procedural requirements under RCW Title 11.
Independent (Unsupervised) Administration
- Definition: The personal representative manages the estate with minimal court oversight. See RCW 11.28.010.
- Filing Requirements: File a petition for probate and obtain letters testamentary or letters of administration from the superior court clerk. See RCW 11.28.080.
- Court Oversight: Limited. The personal representative must obtain court approval before selling real property (RCW 11.28.120) or making final distributions.
- Advantages: Faster administration, reduced court fees, and greater flexibility in decision-making.
- Considerations: Beneficiaries can petition for review if they suspect mismanagement.
Supervised Administration
- Definition: The personal representative administers the estate under ongoing court supervision. See RCW 11.28.270.
- Filing Requirements: In addition to the probate petition and letters, file an inventory and appraisal (RCW 11.28.230) and periodic accountings (RCW 11.28.240).
- Court Oversight: High. You must seek court approval for most actions, including asset sales and distributions (RCW 11.28.250).
- Advantages: Increased transparency and protection against disputes or creditor claims.
- Considerations: Typically involves higher fees and a longer timeline.
Choosing the right model depends on factors such as estate complexity, family dynamics, and the potential for creditor claims. Many personal representatives start with independent administration for efficiency but may convert to supervised administration if issues arise.
Helpful Hints
- Review the will for any express instructions on the type of administration.
- Estimate the estate’s value early to compare costs under each model.
- Communicate with beneficiaries to minimize conflicts.
- Maintain detailed records of all transactions and communications.
- Consult the superior court clerk’s office for procedural forms and fee schedules.
- Consider seeking guidance from a probate attorney if you anticipate disputes.