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)
- 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.)
- Submit the petition to the Clerk of Superior Court in the county where the decedent resided at death.
- Pay the statutory filing fee.
- If required, post a fiduciary bond (RCW 11.28.140: app.leg.wa.gov/rcw/default.aspx?cite=11.28.140).
- 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).
- Publish a notice to creditors, typically once a week for two consecutive weeks in a local newspaper.
- 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).