How to Avoid Probate in Washington | Law Offices of Molly B. Kenny Once these documents are mailed to the heirs, beneficiaries, DSHS and the Department of Revenue, be sure to file with the court proof that you have done this. The below listed cases have been inactive (no case activity) for more than a year and may be legitimately still proceeding or may be missing completion documents. The personal representative cannot hold back more than $3,000. 103 0 obj <> endobj Declaration of completion of probate Special powers of personal representative to hold reserve and deal with taxing authorities Notice of filing of declaration Discharge from liability. %%EOF day of . Filing the will with the clerk of the superior court within 40 days of death, if there is a will; Assembling and identifying all of the deceased persons assets and property; Giving notice of the persons death to all known creditors, beneficiaries and heirs; Receiving and managing all claims against the estate by creditors; Paying all outstanding bills, including funeral bills, burial costs, and costs incurred from the estate administration; Paying all outstanding debts to creditors, including taxes owed by the estate; and finally. The personal representative must include language in the Declaration of Completion that he or she intends to make final distribution from Decedent's estate to Decedent's beneficiaries within five (5) business days after the final date on which a party as defined in RCW 11.96A.030 entitled to notice under RCW 11.68.110 could file a petition under RCW 11.68.110(3).. endstream endobj startxref The full requirements of the final report can be found in RCW 11.76.030. Fiduciary Bond. hbbd```b``f ,LzEIQH+ fg J`\$@lm`[AdwB@?g=j)"30 During the first 40 days after a person dies, the surviving spouse has a right to serve as the Administrator over any portion of the community property. Closing Probate There are multiple ways to close an estate probate which comply with the law. This includes being compensated not only for time, but also for any costs and fees that may be incurred while working to settle the estate. Washington Probate - Simple Testate Estate Probate Forms To admit a will to probate, it must be self-proving, meaning that it must have a declaration or affidavit signed by each witness describing the circumstances surrounding the signing of the will. Notice of Rejection of Creditors Claim (PDF) (Word). RCW 11.68.112. We appreciate the resource for a process that was at first daunting. If the decedent didn't live in King County and didn't have any property in King County, you can choose either courthouse. If you have an original will (and codicil, if applicable), the commissioner will need to see this document in person. Nonprobate assets on dissolution or invalidation of marriage. . Order Appointing Limited Probate Guardian ad Litem (PDF) (Word). As described on the Notice page, you are required to give notice of your appointment to all heirs and beneficiaries within 20 days of your appointment. Facsimile: (206) 367-3109 Toll-Free: 1-888-367-3122 You should also include the Notice Re Probate Case with this mailing. The notice requirements for either petition are the same as the process for giving notice of a Final Report when a PR has not received nonintervention powers, i.e., publishing notice of the hearing and mailing the petition to each heir, legatee, devisee and distributee at least 20 days before the hearing in Ex Parte. Thank you very much for the tremendous effort you expended in developing the probate website. King County (Kent), Thank you so very much for distributing the probate forms and basic information to help me navigate the probate path as a pro se litigant in a solvent testate estate. There is no obligation. Your website and some outstanding people at the King County Regional Justice Center, in Kent, were extremely helpful in allowing me to accomplish this with a minimum of lost effort. maintains this website exclusively for informational purposes. But if you do not use that system, the Clerk requires this cover sheet to begin a case. Will. Probate of the estate cases are completed with the filing of documents such as "Declaration of Completion" (RCW 11.68), "Order Approving Final Accounting and Decree of Distribution" (RCW 11.76), or "Order Closing Estate.". It went very well with the help of this site. This is because the process can be complicated and require a significant amount of time and effort from the personal representative. PDF RCW 11.68.114 - Washington RCW 11.68.110(3). File with the Court a report of your administration and distribution, bringing the estate and your administration of it to a close. Probate is the legal process for ensuring that the wishes of a person who has died are honored, as stated in his or her will. For instructions and the Excise Tax Affidavit form for recording a Deed, see: Recording a Deed. In many cases, the personal representative may wish to waive compensation altogether. Washington Probate - Simple Testate Estate Probate Forms Probate Forms for a Typical Testate Estate in temporal order A. My dad passed away recently and his estate is just north of the small estate amount. Then you should check the box for the correct location for the case depending on where the decedent lived. How Long Does Probate Take in Washington? Notice Re Probate Case (PDF) (Word). Unlike the normal 14-day hearing schedule for Ex Parte, RCW 11.76.040 requires notices to be at least 20 days before the hearing. A Declaration containing this information can be found on the Documents page. Washington State Law Library What is the role of the Court during the probate? Approves the accounting of the personal representative and settles the estate of the decedent in them manner provided for in the administration of those estates in which the personal representative [does not have nonintervention powers]. Once the final report and/or petition to distribute is filed, the Court Clerk will set a hearing date for the matter. When mailing the Declaration of Completion to the interested parties, the personal representative must also send a special pleading called a Notice of Filing, which can be found on the Documents page. ; unless you petition the above-entitled court under chapter. 100 Fisher Ave. #952White Plains, NY 10606. A 2021 change in this law appears to require the Declaration of Completion to also be mailed to any creditors with approved claims against the estate. If the petition is granted, the court will enter an order which either: Alternatively, the personal representative has the option to close the estate without order of the court. Opening the Simple Estate Case Cover Sheet - King County Case Cover Sheet - Pierce County Case Cover Sheet - Snohomish County Petition for Probate of Will, Letters Testamentary, & Nonintervention Powers His practice also includes trust work and estate planning, as well as . The law also permits you to personally serve the Notice of Rejection, in which case, the attached Declaration will need to be revised to reflect that you personally served the claimant. You should then mail that Statement to all of the parties. Case Designation Cover Sheet (PDF) (Word)Verified Petition (with a will) (PDF) (Word)Verified Petition (no will)(PDF) (Word)Order Probating Will and Appointing PR (with a will)(PDF) (Word)Order Appointing Administrator (no will)(PDF) (Word)Order Appointing Probate Guardian ad Litem (PDF) (Word)Order Appointing Limited Probate Guardian ad Litem (PDF) (Word)Death Certificate Coversheet (PDF)(Word)Oath of Personal Representative (PDF) (Word)Notice of Request for Nonintervention Powers (PDF)(Word)Waiver of Hearing on Nonintervention Powers (PDF)(Word)Designation of Resident Agent (PDF) (Word)Waiver of Surviving Spouse (PDF) (Word)Ex Parte Notice of Court Date (Seattle)(Kent)Declaration of Mailing of Hearing Notice (PDF)(Word)Declaration of Witness to Will (PDF)(Word)Notice Re Probate Case (PDF) (Word). (1) The personal representative retains the powers to: Deal with the taxing authority of any federal, state, or local government; hold a reserve in an amount not to exceed three thousand dollars, for the determination and payment of any additional taxes, interest, and penalties, and of all reasonable expenses related directly or indirectly to such determination or payment; pay from the reserve the reasonable expenses, including compensation for services rendered or goods provided by the personal representative or by the personal representative's employees, independent contractors, and other agents, in addition to any taxes, interest, or penalties assessed by a taxing authority; receive and hold any credit, including interest, from any taxing authority; and distribute the residue of the reserve to the intended beneficiaries of the reserve; if: (a) In lieu of the statement set forth in RCW. ", Ex Parte Notice of Court Date. HS]o0}86R\D&0jKn:~sQ}&U- You won't have the cause number until you file the probate. As a general rule, most probates are able to be closed within 12 months, although exceptions abound, such as a probate having any of the following circumstances: A federal or state estate tax return to be filed; Substantial or significant assets to be sold; Substantial creditor problems to be resolved; A bond is a type of insurance policy that protects beneficiaries, creditors and others parties interested in the estate from you stealing from the estate or otherwise mismanaging it. For more information on the process and documents involved in closing a probate, visit the Closing the Probate page. Nothing on this site predicts or guarantees future results. Decedent died testate on January 1, 2003, was then a resident of King County, Washington, and left property in this state subject to probate. Thank you very much for the tremendous effort you expended in developing the probate website. King County (Kent), Thank you so very much for distributing the probate forms and basic information to help me navigate the probate path as a pro se litigant in a solvent testate estate. In addition to the special language in the Declaration of Completion, a special type of Notice of Filing of Declaration of Completion must also be used, which can be found on the Documents page. Notice to Creditors(PDF) (Word). The Washington state court system has resources available for people who may be involved in the probate of an estate, whether as a family member, surviving spouse, creditor or beneficiary. King County Superior Court, Clerk of Court. endstream endobj 109 0 obj <>stream The court has the discretion to determine if the estate was properly administered, and can enter an order approving of the report or petition. (ii) The amount of fees paid or to be paid will be deemed reasonable and will be approved; (iii) The acts of the personal representative will be approved; (iv) The personal representative, and any bond ensuring the proper actions of the personal representative, will be discharged; and. Liability of beneficiary of nonprobate asset. Choosing the correct court is also important, as it must be the Superior Court of the county in which the person resided at the time of death. SETTLEMENT OF ESTATES WITHOUT ADMINISTRATION - Washington Do not forget to write in the city where you signed the Declaration and the date you signed it. Miscellaneous provisions for distributions made by a governing instrument. We found the people at the King County courthouse in Seattle very helpful, too. All of these methods are avenues for avoiding costly formal probate procedures in Washington. One of your primary goals in closing the estate is likely to close it without having anyone object to your Declaration of Completion, necessitating further interaction with the Court. I completed the forms on a Thursday night and went down to the King County Superior Court on a Friday morning and by lunchtime I had successfully completed the process. King County, My Dad died last month, and your site has provided me with a wealth of information. . If an eligible party files an Objection to your Declaration of Completion with the Court and serves a copy of it on you within the 30-day notice period, then you will need to set a hearing on the Objection with the Court, send Notice of Hearing to all the interested parties, file an appropriate Response to the Objection, and attend the hearing and make your best case. If this second simple probate method is available, then the personal representative controls the settling of the estate. The real lesson Ive learned from wa-probate.com is that I can learn the basics, and even the intermediate to advanced steps, by simply following the planned stages of completion. King County (Kirkland), 2021 - A Washington Non-Profit Corporation for Public Legal Education | Offering Nothing for Sale | Not affiliated with Everett Holumn, WSBA 700, or Washington Probate Services, Inc., of Tacoma, WA | Site Agreement | Forms | Site Map, Attorney Website Design Services by Gladiator Marketing.
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