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If you have no will, you will need an alternative proposed order which you can find here:(PDF) (Word). (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. We found the people at the King County courthouse in Seattle very helpful, too. If you have an original will (and codicil, if applicable), the commissioner will need to see this document in person. . These state rules, deadlines and requirements can vary widely, so be sure to focus on the particular rules pertinent to you as a resident of Washington. Once the personal representative identifiedwhether through naming in the will or appointment by the courtthen he or she leads the probate process from start to finish. Please consult an attorney experienced in probate matters. What is the role of the Court during the probate? King County Law Library (206) 477-1305 (Seattle) Under the first decree, the court finds that the 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 thereto. RCW 11.68.100(1)(a). RCW 11.68.114. For more information on the process and documents involved in closing a probate visit the Closing the Probate page. RCW 11.76.030. Title 11 of the State Code is the applicable section for probate, which you can find here: https://app.leg.wa.gov/rcw/default.aspx?cite=11. If you have published a Notice to Creditors and receive a claim that you want to reject, you must mail via certified mail a notice of rejection that contains the appropriate language about the claimants rights to bring suit against the estate. However, if a person dies without a written will, the state law of Washington directs us how to distribute and settle the estate according to both inheritance laws and probate laws. There are two main ways you can avoid formal probate in the state of Washington. hbbd```b``f ,LzEIQH+ fg J`\$@lm`[AdwB@?g=j)"30 The personal representative has a duty to pay the debts owed by the estate . The first type of decree does not require an accounting by the personal representative, while the second one does. The law allows the court to enter one of two types of decrees when a Petition for a Decree of Distribution is filed. Do all Estates Have to Go Through Probate in Washington? During the probate process, a personal representative takes charge of the decedent's estate. Ive filed my initial petitions without a hitch and expect the rest to go as youve described. The GAL is normally an attorney who has knowledge of probate law who the court trusts to ensure that the incapacitated person receives what he or she is entitled to. These procedures make it easier for survivors to transfer property left by a person who has died. Washington State Law Library A special Notice of Filing must be used if you intend to make final distributions while retaining authority to deal with taxing authorities. RCW 11.76.030 & .040. Probate is assigned to the Superior Court of the county where the deceased person lived at the time of his or her death. However, the King County Clerk expects most probates to be concluded within a year, and if yours isnt, the Clerk wants you to file a Statement of Case Status (PDF) (Word) explaining why it isnt closed. RCW 11.68.100(2). Notice of Request for Nonintervention Powers (PDF) (Word). : RCW. %%EOF Distribute little or no property during administration, Avoid putting yourself in the awkward position of not obtaining all the necessary. If, however, no such terms exist, then it must be determined what exactly is just and reasonable. In making this decision, the court can consider factors such as the nature of the work and services rendered, the amount of time required to settle the estate, and the value of the estates assets. The procedure for doing so is essentially the same as for initially opening the estate and obtaining ones Letters. 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. First, state law allows heirs of the estate to skip the probate process entirely when the estate qualifies as a "small" or simple estate. Because the law changes constantly, this websites content may not indicate the current state of the law. Was not engaged in business in Washington. 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. Inheritance rights of slayers or abusers. The living trust operates similarly to a will and assigns the transfer of assets to particular heirs upon the persons death. You may be able to transfer a large amount of property using simplified probate procedures or without any probate court proceedings at all. Sample Declarations of Mailing can be found above. Fees, collection by superior court clerk: RCW 27.24.070, 36.18.020. The default payment rule is that either the will dictates the personal representatives compensation, or, in the absence of written terms in the will, a fee that is just and reasonable as determined by the probate court. 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. The Revised Code of Washington is your best primary source for researching probate laws, deadlines and procedures. Office of Financial Recovery Washington Department of Social and Health Services PO Box 9501 Olympia, WA 98507-9501 Timing: After 40 days following Decedent's death, and if there are any other Successors, after 10 days following notice to them of your claim. day of . (g) The amount of fees paid or to be paid to each of the following: (i) Personal representative or representatives; (ii) lawyer or lawyers; (iii) appraiser or appraisers; and (iv) accountant or accountants; and that the personal representative believes the fees to be reasonable and does not intend to obtain court approval of the amount of the fees or to submit an estate accounting to the court for approval. Through probate, the deceased persons estate is settled, which includes transferring property and assets to heirs and beneficiaries. What is Probate?Is Probate Required in Washington?How do you Avoid Probate in Washington?Can an Executor of an Estate in Washington Be Compensated?How Much Does an Executor get paid in Washington?How Long Does Probate Take in Washington?Do all Estates Have to Go Through Probate in Washington?How Long do you Have to File Probate After Death in Washington?Settling an Estate in WashingtonProbate Court in WashingtonProbate Code in Washington. When you mail the Declaration of Completion to the heirs and beneficiaries, you must also include a Notice of Filing that meets the requirements of RCW 11.68.110(3), which describes the rights of the heirs to object within 30 days of the filing of the Declaration of Completion. After notices are mailed, the receiving parties have thirty days to come forward to request an accounting of the estate, or for a review of the fees paid, or both. The court has the discretion to determine if the estate was properly administered, and can enter an order approving of the report or petition. Any fees or compensation for other professionals helping with the settlement, such as attorneys, appraisers or accountants. I understand there may be a charge by my wireless carrier for such communications. SIGNED Date: On _________________________________ The personal representative does so by giving notice to parties whose interests in the estate would be affected by its closing, and setting the issue for hearing. Please carefully review ourfull disclaimer. This process involves the use of two different forms having similar names: File it with the Court (with copy for conformation and return). This simplified process is called settlement without court intervention, and is available if: Its also possible to go forward under this simplified probate process is the court determines that it is in the best interests of the estates creditors and beneficiaries to do so, as long as the personal representative is not a creditor of the deceased person. -'>3iUS{:Xh /QG)lkFEE1%I1dKqT+wcLn~>Cmtif2kpS4qwDI 7ND?>l' 1w{YdL8NbmaHWJq#S0/@ zr %JenV0n^^ 3V9V}l[y:bWp=yFk!y"CZjao' E^%a|"8t]v{oGc+ +p Notice of Rejection of Creditors Claim (PDF) (Word). According to RCW 11.76.040, the publication notice must contain the following information: "It shall state in substance that a final report and petition for distribution have, or either thereof has, been filed with the clerk of the court and that the court is asked to settle such report, distribute the property to the heirs or persons entitled thereto, and discharge the personal representative, and it shall give the time and place fixed for the hearing of such final report and petition and shall be signed by the personal representative or the clerk of the court.". 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. Creditor's Claims. Testamentary disposition of nonprobate assets act. The Petition is the document that describes your case to the court. You should redact the social security number and mother's maiden name on the death certificate. Anticipating that this would occur, I had intended to handle the probate myself. In many cases, the personal representative may wish to waive compensation altogether. RCW 11.68.114. Liability of beneficiary of nonprobate asset. . 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. RCW 11.76.050. The King County Superior Court and the Clerks Office are embarking on a project to address the 12,000 open, yet inactive, probate of the estate cases on record in the clerks office. For more information on this process, visit the page on minor beneficiaries. for the determination and payment of all remaining tax obligations. File with the Court a report of your administration and distribution, bringing the estate and your administration of it to a close. The King County Court, however, also prefers that the Report contain the following: (1) a discussion of the jurisdictional issues, such as the date of death and residency of the decedent; (2) a description of the commencement of the probate; (3) a statement of the notices that have been provided; (4) an inventory and appraisement of the estate that was required by RCW 11.44.015; (5) a statement regarding the payment of taxes; (6) a statement of the claims that were filed, allowed and disallowed; (7) a detailed accounting and accounting summary; and (8) the fees paid to the PR/administrator, attorneys, accountants, and appraisers.