King County Probates (2024)

Verified Petition (PDF) (Word). The Petition is the document that describes your case to the court. 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 Petition should contain facts that give the court jurisdiction over the matter, such as who you are, when the decedent died, whether there was a will, whether the estate is solvent, who are the heirs, and what you are asking for. If there is no will, you'll need a different Petition for starting a probate without a will (PDF) (Word). For the process of starting a probate without a will, visit the No Will page.

Will. If you have an original will (and codicil, if applicable), the commissioner will need to see this document in person. Any will you present must be an original and must include an affidavit from the people who witnessed the execution of the will, which usually appears at the end of the will as an attachment. This makes a will "self-proving," which is very important.If a will is not self-proving, the witnesses must either (1) appear for the hearing to testify regarding the execution of the will or (2) sign a Declaration of Witness to Will (see below). 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.

Declaration of Witness to Will (PDF)(Word). 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. Most wills have this "attestation" page or provision at the end of the will. If your will does not, you need to get a Declaration from the two witnesses in order to admit the will to probate.

Order Appointing Probate Guardian ad Litem (PDF) (Word). 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. 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. The court will not appoint the parent of the child as the GAL. For more information on this process, visit the page on minor beneficiaries.

Order Appointing Limited Probate Guardian ad Litem (PDF) (Word). For certain estates, the appointment of a full probate guardian ad litem may seem unnecessary. This can be the case when the estate is small, or when a will names a minor as a beneficiary, but the minor’s share of the estate is passing to a trust. In such cases, the court has an order it uses to appoint a probate guardian ad litem with limited powers to investigate certain narrow issues.

Fiduciary Bond.If you file a probate without a will, the Ex Parte Commissioner will likely require you to post a bond before you can receive Letters Testamentary from the court clerk. 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. You will need to find a surety company who will issue this fiduciary bond to you. Once the bond is received, you'll need to return to Ex Parte to have the Commissioner sign the bond before obtaining the Letters Testamentary from the court clerk. Companies that issue such bonds can be found by googling "fiduciary bond for probates in Seattle."

Ex Parte Notice of Court Date. This form, one for Seattleand another for Kent, is for situations where you need to schedule a hearing on the Ex Parte calendar, such as if you need to admit a copy of a will to probate or schedule a hearing on your request for nonintervention powers.This form can be found on the King County Clerk’s forms page. Look for the form called “Notice of Court Date - Ex Parte.”

Declaration of Mailing of Hearing Notice(PDF)(Word).If you are forced to schedule a hearing, the court will need to ensure that proper notice is provided to all parties requiring notice. You should file the Declaration of Mailing with the court clerk before the scheduled hearing, but also have a copy available for review by the Ex Parte Commissioner. Do not forget to write in the city where you signed the Declaration and the date you signed it.

Notice Re Probate Case (PDF) (Word). Currently, the King County Clerk will provide you a document called a Notice Re Probate Case when you file a new probate. Some attorneys bring this document with them and stamp it with the case number when they file a new probate, but currently you are not required to bring your own with you. This document describes the importance of administering a probate as quickly as possible. It also warns that if your probate will last longer than twelve months, you will need to provide the Court and each party a Statement of Case Status (see below under Closing Documents). The Notice Re Probate Case should be mailed to each heir and beneficiary with the Notice of Appointment.

King County Probates (2024)

FAQs

How do I look up a probate for Washington State? ›

You can:
  1. File a Washington superior courts case search online by entering Case Type: Probate/Guardianship.
  2. Call the Superior Court Clerk's Office of your county and ask. ...
  3. Go down to your county Clerk's office in person and search on their computers under “Search for Case Numbers from 1979 – Present (SCOMIS).”

How long does probate take in King County Washington? ›

There is no set time period that a probate must remain open. It is a matter of how long it takes to marshal the decedent's assets, get his or her name off of titles to property, sell assets, pay all creditors, and take care of taxes. This need not take a long time.

What are the rules for probate in Washington State? ›

Under Washington probate law, any person who has the deceased person's will must turn it over either to the probate court or to the personal representative within 30 days of finding out about the death. And if the personal representative has the will, they have 40 days to turn it over to the Washington probate court.

What assets must go through probate in Washington State? ›

This page describes what some of those reasons might be.By far, the most common reason for probate is that the Decedent died holding: Any real property titled in his or her own name, or. Personal property (usually a cash or securities account) titled in his or her own name whose value exceeds $100,000.

Are wills public record in Washington state? ›

When you die your will becomes a public record. That means anyone with a certified copy of your death certificate can ask the court to unseal your will.

How long does an executor have to settle an estate in WA? ›

So long as no Objection to your Declaration of Completion is timely filed at the Court and served on you, the estate will effectively close 30 days after filing your Declaration of Completion (the “Effective Date”). You will retain authority for 5 business days thereafter solely to make and complete Final Distribution.

How much does an estate have to be worth to go to probate in WA? ›

Typically, asset holders do not require Probate where an asset has a value of less than $50,000, however, sometimes the threshold is $20,000.

How much does it cost to go through probate in Washington state? ›

Superior Court filing fee: $200. Publication of Probate Notice to Creditors: $100 (approximate – see State-wide examples). Out of pocket expenses (copying, mailing, etc.): Likely small, eg, $50. Total fixed costs = $350 or more (depends on the county of publication).

Do I need a lawyer for probate in WA? ›

Also you may want a Probate Attorney if there is any question regarding the identity or nature of the Decedent's assets, heirs or beneficiaries, if there are disputes over the validity of the Will, if there are disputes over how the Will is being administered or if you are a Personal Representative needing help in ...

Does a car have to go through probate in Washington State? ›

Non-Probate Assets in the State of Washington

Some examples of these assets include the following: Personal vehicles. If the car was owned in joint tenancy with right of survivorship, the title can pass directly to the co-owner of the vehicle.

How to transfer property title in Washington State after death? ›

In order to clear the title to the property after your death, your named beneficiaries must record your death certificate in the county real estate records and file a real estate excise tax affidavit with the county assessor to ensure the ownership and contact information are updated for real property taxation.

Which of the following assets do not go through probate? ›

First and foremost, there are a number of asset types that typically do not pass through probate. This includes life insurance policies, bank accounts, and investment or retirement accounts that require you to name a beneficiary.

What are nonprobate assets in Washington State? ›

Generally, nonprobate assets are those that will not pass to heirs or beneficiaries during probate, but will instead pass upon a person's death under a written instrument or arrangement other than the person's will. (Nonprobate assets given away using a super will are an exception.)

What assets will pass through probate? ›

Probate assets include: Real estate, vehicles, and other titled assets owned solely by the deceased person or as a tenant in common with someone else. Tenants in common don't have survivorship rights.

Do wills need to be filed with court in Washington State? ›

Any person who has the custody or control of an original Will after the testator has died must file the Will within 40 days at the Clerk's Office of the Superior Court of the resident's county at death. The fee to file a Will is $20. Wills that are filed after the death of a testator are public record.

How much does probate cost in Washington State? ›

Filing fees: The process starts with the filing of a petition for probate, which incurs a filing fee. In Washington, this fee is paid to the superior court and is typically $200. This fee covers the cost of processing the petition and initiating the probate case.

How do I find public records in Washington State? ›

You can contact the public records ombudsman by sending an email to AGOOmbuds@atg.wa.gov or by calling (360) 570-3418.

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