Detailed Answer
In Washington, a personal representative (sometimes called an executor) manages a deceased person’s estate. You must petition the Superior Court in the county where the decedent lived. Follow these steps under Washington law:
Step 1. Determine Eligibility
- If the decedent left a valid will, it usually names a personal representative. The court gives priority to that nominee. (RCW 11.20.010.)
- If there’s no will or the nominee is unwilling/unable, Washington’s intestacy rules let the next-of-kin petition. (RCW 11.24.010.)
Step 2. Prepare and File the Petition
- Complete the Petition for Probate of Will and for Appointment of Personal Representative (or the Petition for Administration if intestate).
- Attach the original will (if any) and a certified copy of the death certificate.
- File in the Superior Court in the decedent’s county of residence. (RCW 11.28.010.)
Step 3. Publish and Serve Notice
- The court clerk will issue a notice of probate. You must publish it once a week for two consecutive weeks in a local newspaper. (RCW 11.28.210.)
- Serve notice on all heirs and beneficiaries at least 15 days before the hearing.
Step 4. Attend the Court Hearing and Obtain Letters
- The court schedules a hearing, usually 4–6 weeks after you file.
- If no one objects, the judge signs an order appointing you as personal representative.
- The clerk issues Letters Testamentary (with a will) or Letters of Administration (intestate). (RCW 11.28.220.)
Timeline Overview
- File petition within three years of the decedent’s death or lose the right to administer. (RCW 11.28.010.)
- Clerk issues notice immediately after filing.
- Publication and service: 2–3 weeks.
- Court hearing and issuance of letters: 4–8 weeks total from filing.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney to address your specific situation.
Helpful Hints
- Act promptly: probate rights expire three years after death.
- Gather the decedent’s original will and death certificate before filing.
- Check your county court’s website for local probate forms and fees.
- Publish notice in a newspaper approved by the court clerk.
- Consider consulting a probate attorney if the estate is complex or contested.