Which route to take depends on a number of factors, including the intervention status of the probate, the number of heirs, and whether it is a contentious probate. 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). If all you have is a copy of the will, the process for admitting the copy is more complicated, and you should see the page on Admitting Copy of Will to Probate. There are two types of probate. When your loved one dies, it can be a sad and difficult time. RCW 11.68.110(3) The estate closes upon your filing. Nonprobate assets on dissolution or invalidation of marriage. 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. The living trust operates similarly to a will and assigns the transfer of assets to particular heirs upon the persons death. Now, it is time to: If you have completed ALL of the above, you are ready to close the estate. He is a member of the Washington State (current member, Real Property Probate and Trust and Business Law Sections) and Tacoma-Pierce County bar associations. . Lancaster Law Office 17503 Tenth Avenue NE Shoreline, Washington 98155 Phone: (206) 367-3122. The Notice to Creditors may be published in a legal newspaper where the decedent was residing at the time of death. Yes. First, state law allows heirs of the estate to skip the probate process entirely when the estate qualifies as a "small" or simple estate. Proposed OrderProbating Will (PDF) (Word). This makes a will "self-proving," which is very important. The changes you'll need to make to the Word versions include at least the following depending on the forms you are using: You need to review the documents carefully and fill in the portions that are blank or bracketed with the appropriate names, facts and other information, including the name of the decedent, date of death, date of the will, etc. The Notice Re Probate Case should be mailed to each heir and beneficiary with the Notice of Appointment. This can be the case when the estate is small, or when a will names a minor as a beneficiary, but the minors share of the estate is passing to a trust. But if you do not use that system, the Clerk requires this cover sheet to begin a case. endstream endobj 110 0 obj <>stream ; unless you petition the above-entitled court under chapter. In cases where the personal representative or administrator has not received nonintervention powers, he or she must prepare a Final Report and Petition for Distribution to be heard in the Ex Parte courtroom after proper notice is provided. Closing Probate - Washington Probate Information Qualifications of personal representatives. Once this has been accomplished, the affidavit can be submitted to the institution holding the estate assets (such as a bank), which will release the assets to the beneficiary. (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. Advantage of Using the Not So Simple Method to Close the Estate. The personal representative will use the normal process described above for the filing and mailing of the Declaration of Completion and the Notice of Filing of the Declaration of Completion, but will hold back up to $3,000 as a reserve. . File all such signed Receipts with the Court (with copy for conformation and return). If you have no will, you will need an alternative proposed order which you can find here:(PDF) (Word). The cause number must be added to the upper right hand corner of the first page after "No." ., (year) . A second simplified probate process is available in Washington for estates that meet certain eligibility requirements. 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. No attorney-client relationship. What Are the Final Steps Before Probate Can Be Closed? hV[o0+~Tu`HS\ST%mUyp/E#s4[/B>w#\3" aD8fNra$8T\ Z_"BpG ,:i2KQ r0zbUCiRo='BhxM;;zyf{@)tBG:JiKWFf|yA8 /tLC'/+COaCg$dW?Lx(TNa9qKNl4` SeuH_(6fH/ 9>9)fut[V$gY7Y0fyC|M,ZiFU,/:^pNue](B&pIzDxP6/;R^ ug's>^V@Zu`Zn-7jQL`V_{1VDf8lExWJ4wWVxjhir22UIOnxl]:\o?ymmHq6?]66-9w obw(Vf7+|07!]~gXeT[nR+kHAW p6|`9cE(XVV>. Finds and adjudges that all approved claims of the decedent have been paid, finds and adjudges the heirs of the decedent or those persons entitled to take under his or her will, and distributes the property of the decedent to the persons entitled [to such property]; or. Please carefully review ourfull disclaimer. In cases where a personal representative has obtained nonintervention powers, he or she may opt not to use the Declaration of Completion process, and instead use a more complex process, which is to file a Petition for a Decree of Distribution. 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. For an estate in which one of the heirs or beneficiaries is under the age of 18 or otherwise incapacitated, the Ex Parte Commissioner will appoint a probate guardian ad litem (GAL) to look after the interests of that minor/incapacitated heir or beneficiary. You can use the advance for anything you need, and we take all the risk. Notice of Appointment and Pendency of Probate(PDF)(Word). RCW 11.68.110(3). SIGNED Date: On _________________________________ To create a "verified" Petition, you sign a declaration at the end swearing under penalty of perjury that everything in the Petition is correct. The more lengthy, complicated and costly formal process will be required if any disputes arise among the estates beneficiaries, heirs, creditors, or other people with interests in the estate. Instead, you must file a Final Report and Petition for Distribution and have a hearing where the court reviews your Report and Petition. 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 Probate Instructions to Personal Representatives in Washington State 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, Declaration of Completion of Probate (With Will; Distribution Completed), Declaration of Completion of Probate (Without Will; Distribution Completed), Declaration of Completion of Probate (With Will; Future Distribution), Declaration of Completion of Probate (Without Will; Future Distribution), Notice of Filing of Declaration of Completion of Probate & Declaration of Mailing, Forms for Distribution or Sale of Property, Distributing to an Incapacitated Heir or Beneficiary, Your Probate Wont Likely Close Within 12 Months, Attorney Website Design Services by Gladiator Marketing, Distribute the estates assets to Decedents Heirs or Beneficiaries, and. Michael Whipple of the Whipple Law Group, PLLC. It works equally as well for any Washington State property owner, whether a U.S. Citizen, U.S. Tax Resident, or Canadian Non-U.S. Resident. 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. Verified Petition (PDF) (Word). There is no obligation. Estate of John W. Brown). Simpler estates can be closed within a matter or weeks or months, while the probate for complicated estates can drag out over a year or more. In the first case, where the compensation is clearly stated in the will, the matter is straightforward, and the personal representative is compensated according to the wills terms. I am doing the probate myself and your web site is an amazing resource. However the surviving spouse can waive that right. Do not forget to write in the city where you signed the Declaration and the date you signed it. +S)x Lengthy Probate - Washington Probate Designation of Resident Agent(PDF) (Word). How Much Does an Executor get paid in Washington? You can find a sample Declaration of Completion containing such language on the Documents page. The personal representative must publish notice of the hearing in a legal newspaper, at least twenty days prior to the date of the hearing, and mail a notice of the hearing to each heir and legatee the decedent is aware of, as described by RCW 11.76.040. Most wills have this "attestation" page or provision at the end of the will. . Altogether, the probate process requires following specific states, all outlined in the Washington State Code. This applies whether the person died with a will, or under default state intestate rules when there is no existing will. 100 Fisher Ave. #952White Plains, NY 10606. Probate in Washington State | Helsell Fetterman RCW 11.68.114. Closing and Distributing the Probate Estate - The Superior Court of I like to file a copy with the clerk and therefore have a coversheet that I attach to the front of the death certificate. The full requirements of the final report can be found in RCW 11.76.030. Please consult an attorney experienced in probate matters. You will retain authority for 5 business days thereafter solely to make and complete Final Distribution. this notice must be sent to all heirs of the estate, persons named in the will, and basically anyone who is entitled to relieve a distribution from the estate. If the total value of the estate's assets is $100,000 or less, then you may skip formal probate and settle the estate under a more simplified process, without court supervision. If a personal representative or administrator was given nonintervention powers, closing a probate can normally be accomplished without returning to court,through the use of a Declaration of Completion.