Detailed Answer
When someone dies in Washington, the personal representative (PR) must follow clear procedures to ensure all estate expenses and creditor claims are resolved before heirs receive assets. Below are the core steps under Washington law:
1. Initiate Probate and Appoint a Personal Representative
Under RCW 11.38.010, any interested person files a probate petition in the county superior court. The court appoints a PR (formerly “executor”) who gains authority to act on behalf of the estate.
2. Provide Notice to Creditors
RCW 11.40.020 requires the PR to publish a notice to creditors in a local newspaper once a week for six consecutive weeks. The PR also must mail written notice to known creditors within two months of appointment. Creditors then have four months from the first publication date to file claims against the estate.
3. Inventory and Appraisal of Estate Assets
Within 90 days of appointment, the PR must file an inventory and appraisal with the court showing all estate assets and their values. (See RCW 11.48.010.) This ensures transparency and gives creditors an accurate asset picture.
4. Pay Estate Expenses and Creditor Claims
RCW 11.28.010 establishes priority for payment of administrative expenses—court costs, attorney fees and funeral expenses—and creditor claims. The PR reviews each claim, determines validity, and pays approved claims from estate funds. In supervised probate the PR obtains court approval for payments; in unsupervised probate the PR may pay claims without advance court permission but remains personally liable for improper payments.
5. File Final Accounting and Close the Estate
After debts and expenses are paid, the PR prepares a final accounting under RCW 11.76.040. The court reviews this accounting, confirms that all claims are satisfied or rejected, and issues an order approving distribution. Only then may the PR distribute the remaining assets to heirs per the will or Washington’s intestacy rules.
Helpful Hints
- Determine whether your estate qualifies for unsupervised probate to save time and costs.
- Keep detailed records of all notices published and mailed to creditors.
- Track deadlines carefully: publication must run six weeks and creditors have four months to file.
- Review each claim promptly—dispute or allow within the statutory time frame.
- Consult an attorney if you face complex claims, potential disputes, or tax issues.
- Use a probate checklist or software to ensure no step is missed.