How does probate work in Washington?

1. Governing Code. Revised Code of Washington Title 11 (Probate and Trust Law). Washington has not formally adopted the UPC.

2. Court. Superior Court in the county of the decedent's domicile (RCW 11.96A.040).

3. Petition to Open. Petition for Probate of Will and for Letters Testamentary (or for Letters of Administration if intestate) under RCW 11.20.020 filed by the named executor or interested person.

4. Letters Testamentary / Letters of Administration. Issued under RCW 11.28.090 after order of solvency and oath of personal representative.

5. Notice to Creditors. Published once a week for 3 consecutive weeks in the county where the estate is being administered under RCW 11.40.020. Direct notice to known creditors. Creditor claim deadline is the later of 4 months after first publication or 30 days after actual notice.

6. Inventory. Filed within 3 months of appointment under RCW 11.44.015 (not required to be filed with the court unless requested by an heir or creditor).

7. Independent Administration ("Nonintervention Powers"). Washington's distinctive feature: under RCW 11.68.011, if requested in the will or by all heirs/beneficiaries and the estate is solvent, the court grants Nonintervention Powers, allowing the personal representative to administer the estate without court supervision.

8. Small-Estate Procedure. Small Estate Affidavit under RCW 11.62.010 for personal property valued at $100,000 or less (no real property), available 40 days after death.

9. Closing. Nonintervention estates close by Declaration of Completion under RCW 11.68.110. Supervised estates require a Final Report and Petition for Distribution.

10. Probate Avoidance. Washington Transfer on Death Deed under RCW 64.80 (Uniform Real Property Transfer on Death Act), Community Property Agreement under RCW 26.16.120 (a major estate-planning tool for married couples), revocable living trust, joint tenancy with right of survivorship, POD/TOD accounts.

This is legal information, not legal advice.