FastCounsel

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Washington for guidance on your specific situation.

Detailed Answer

When no probate case exists, you must initiate a new estate proceeding in Washington Superior Court. Follow these core steps:

1. Gather Key Documents and Information

• Obtain multiple certified copies of the death certificate.
• Locate the original will, if one exists.
• Compile a list of heirs, devisees, and potential creditors.
• Identify and value all assets (bank accounts, real estate, personal property).

2. Determine the Proper Procedure

Washington law provides two main tracks:

• Formal Probate (RCW 11.28.010): Use this if the estate includes real property or if personal property exceeds $100,000 in value. You must file a petition, publish notice, and follow a formal process.
• Small Estate Affidavit (RCW 11.62.005): If the decedent’s personal property (net of liens) does not exceed $100,000 and there is no real estate to transfer, you may use an affidavit procedure without formal probate.

3. File a Petition for Probate (Formal Procedure)

1. Complete the Probate Petition form. Include the decedent’s name, date of death, heirs, and nominated personal representative. (See RCW 11.28.010 for statutory requirements: app.leg.wa.gov/rcw/default.aspx?cite=11.28.010.)
2. Submit the petition to the Clerk of Superior Court in the county where the decedent resided at death.
3. Pay the statutory filing fee.
4. If required, post a fiduciary bond (RCW 11.28.140: app.leg.wa.gov/rcw/default.aspx?cite=11.28.140).
5. Obtain and serve a citation for probate on all heirs and devisees (RCW 11.28.210: app.leg.wa.gov/rcw/default.aspx?cite=11.28.210).
6. Publish a notice to creditors, typically once a week for two consecutive weeks in a local newspaper.
7. Attend the hearing (if required) and receive Letters Testamentary or Letters of Administration, officially appointing the personal representative.

4. Use a Small Estate Affidavit (Summary Procedure)

• Confirm eligibility: no real property and net personal property under $100,000. (See RCW 11.62.005: app.leg.wa.gov/rcw/default.aspx?cite=11.62.005.)
• Complete the Affidavit for Collection of Personal Property form, attesting to the property value and heirship.
• Present the affidavit and certified death certificate to the person or institution holding the assets (e.g., bank).
• Collect the assets without formal court oversight.

5. Administer the Estate

• Inventory assets and file an inventory and appraisal if in formal probate.
• Pay valid debts and expenses, including funeral costs and taxes.
• Distribute the balance to heirs or devisees according to the will or Washington’s intestacy laws (RCW 11.04).
• File a final account with the court and seek discharge of the personal representative.

Helpful Hints

• Start early: Death certificates can take time to issue.
• Use online resources: Most Washington counties provide probate packet forms on their court websites.
• Keep detailed records: Track notices, filings, and communications with creditors and heirs.
• Check fee waivers: Some heirs may apply for fee waivers if they cannot afford filing costs.
• Consult probate rules: Review the Washington Court Rules for Probate (Chapters 11.08 and 23).