How to File a Probate in the State of WA
If you’re looking for information on navigating through the process of filing a probate in the State of Washington, look no further. Here are the four crucial initial steps of this process is outlined here, including arranging for probate court, obtaining a death certificate, determining the proper court, and seeking non-intervention powers.
Arranging for Probate Court
The first step of this process is to do your due diligence, so that when the time comes to submit information to the Court, you can breeze through the process and achieve the goal of receiving a Letter of Testamentary, which gives you approval to control the estate.
Obtaining a Certified Copy of Decedent’s Death Certificate:
In the State of Washington, the law doesn’t require a Death Certificate for a probate to be opened. Despite this, there are judges who could opt for reviewing one, so grabbing one from here is a good idea just in case.
Determining the Proper Court
A probate for a Washington resident may be filed in the Superior Court of any county in Washington.
Jurisdiction
Bottom-line: As long as the Decedent died a resident of Washington or within Washington, a Washington Superior Court will have subject matter jurisdiction over (ie, legal authority to adjudicate) your case. RCW 11.96A.040(1)
Personal Jurisdiction
Bottom-line: As long as all the parties to the probate have physical presence within Washington or willingly submit to the Court’s jurisdiction, a Washington Superior Court will have personal jurisdiction (ie, legal authority) over the parties to your case.
Venue
Bottom-line: A probate for a Washington resident may be filed in the Superior Court of any county in Washington. RCW 11.96A.050(3) If the probate is not filed in Decedent’s resident county at death, see: 3. Filing a Case Cover Sheet Every new matter filed in a Washington Superior Court requires the filing of a Superior Court Case Information Cover Sheet. King and Pierce (and perhaps other) Counties have their own version of it. Select, complete, and sign the appropriate form from among the following three alternatives:
Counties
King County: King County Case Assignment Designation & Case Information Cover Sheet
Pierce County: Pierce County Case Cover Sheet form.
Other Counties: Case Type 3-6 Cover Sheet form
(download the “Cover Sheet” & scroll down the pages to find the 3-6 form).Filing Decedent’s WillIf Decedent died without a Will — Go to 5 below.For discussion of any of the following, see:
Seek Nonintervention Powers
It is important that the court grant you “nonintervention powers.” These powers allow you to manage the estate without having to seek court permission to do simple tasks, such as selling assets, paying bills or distributing assets to beneficiaries. It is the key to Washington’s efficient probate system. Without it, you will need to file pleadings and ask permission from the Commissioner at the Ex Parte Courtroom before performing basic tasks of estate administration. If you have a will that names you as personal representative and does not restrict your ability to obtain nonintervention powers, the court will usually readily grant these powers to you. If you are not nominated in the will as the personal representative or if there is no will, you can still get these powers, but you’ll need to do a few things first. If you don’t have a will or if you aren’t nominated as personal representative in the will, take a look under the Tricky Issues tab at the top of this page for more information.