When someone dies in Washington, the probate process requires a clear inventory and fair distribution of assets among heirs. Below is a breakdown of the steps under Washington law.
Detailed Answer
1. Appointment of Personal Representative
The court appoints a personal representative (also called executor or administrator) within the county of the decedent’s residence. This person manages the estate, notifies heirs and creditors, and ensures compliance with probate rules.
2. Notice to Interested Parties
Within 30 days of appointment, the representative must mail notice to all heirs and beneficiaries, as required by RCW 11.28.010 (link).
3. Inventory and Appraisal
By statute, the representative must prepare an inventory of all estate assets—including real property, bank accounts, investments, personal items, and digital assets—and file it with the court. RCW 11.76.095 (link) sets the deadline: generally six months after appointment unless extended. Appraisals may be required for real estate or unique items.
4. Notice to Creditors and Claims Resolution
The representative publishes a creditor notice in a local newspaper and mails individual notices to known creditors. Creditors have four months to file claims under RCW 11.40.011 (link). Valid claims must be paid before distribution.
5. Preparing a Distribution Plan
After resolving debts and taxes, the personal representative can propose a distribution plan. Washington’s intestacy statutes (RCW 11.04) govern distribution when there’s no will. A valid will controls distribution per its terms.
6. Court Approval and Final Distribution
The representative files a Petition for Final Distribution. Once the court approves the plan, the representative transfers titled assets (like real estate deeds) and distributes remaining funds. The court issues an order of discharge, releasing the representative from further liability.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance tailored to your situation, consult a licensed Washington attorney.
Helpful Hints
- Start the inventory promptly to meet statutory deadlines.
- Keep detailed records of appraisals, notices, and communications.
- Communicate openly with heirs to avoid misunderstandings.
- Check county probate court rules for local requirements.
- Consult professionals (appraisers, accountants) for complex assets.