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. 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. How Long Does Probate Take in Washington? File with the Court a report of your administration and distribution, bringing the estate and your administration of it to a close. 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. 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. Under RCW 11.68.100, a personal representative with nonintervention powers can petition the court to close the estate and distribute any remaining property. +S)x 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. The Transfer on Death Deed ("TODD") is a great alternative to transfer Washington State Real Estate and avoid probate. Probate is assigned to the Superior Court of the county where the deceased person lived at the time of his or her death. Do all Estates Have to Go Through Probate in Washington? Altogether, the probate process requires following specific states, all outlined in the Washington State Code. , . Typically, anyone who has been named to be executor or personal representative of an estate may wonder whether they can be fairly compensated for settling an estate through probate. Closing the Probate How to Close a Probate Once you have liquidated all of the decedent's property or otherwise gotten all assets out of the decedent's name, taken care of all creditors, and handled all tax issues, you can usually close the probate. For example, if the decedent lived in Renton at the time of death, you would select "Kent." RCW 11.68.110(4) & 11.68.114(2). Do not forget to write in the city where you signed the Declaration and the date you signed it. There also may be a dispute about the meaning of written terms or instructions in the will. My dad passed away recently and his estate is just north of the small estate amount. We are open 24 hours a day, 7 days a week. RCW 11.68.110(3). RCW 11.68.110(3). Timing: Within 5 days of filing your Declaration of Completion. 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.". Sales, exchanges, leases, mortgages, and borrowing. If no such requests are made, then the personal representative is discharged from liability from any distributions made. If this is possible, then complete as many Receipt & Waiver by Heir or Beneficiary forms as there are Heirs and Beneficiaries and have each Heir or Beneficiary sign and deliver a copy of this form to you in receipt of his/her distribution. Viewing this site, using information from it, or communicating with the Whipple Law Group, PLLC, after viewing this site does not create an attorney-client relationship between you and the Whipple Law Group, PLLC. 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]. %%EOF Below we break down the key deadlines, facts and requirements for the probate process in Washington. In those cases, it must contain the contact information for each heir, their relationship to the Decedent, and their distributive shares. 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. RCW 11.68.110(1). I understand that I can be removed from all communications by requesting my removal via an email to [emailprotected] Accurate information is required for a free evaluation. Instead, you must file a Final Report and Petition for Distribution and have a hearing where the court reviews your Report and Petition. ; unless you petition the above-entitled court under chapter. While looking for another lawyer, I began researching what it entailed to probate a will and found your amazing site. The application must state: Once all of these requirements have been met and included in the application, the probate of the estate will be officially closed. Notice of Filing of Declaration of Completion with Holdback for Taxes (PDF) (Word). Letters testamentary and of administration. %PDF-1.7 % 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.. This document describes the importance of administering a probate as quickly as possible. All practitioners are encouraged to review their . The personal representative has completed the administration of the decedent's estate without court intervention, and the estate is ready to be closed, except for the determination of taxes and of interest and penalties thereon as permitted under this section; and And that saves time, money, and hassle. Less complicated estates can also move forward under the simplified procedures called settlement without court intervention, as described above. The final option is filing a Final Report and Petition for Distribution, which also requires a court hearing. Nonreliance. . Was not engaged in business in Washington. But the most important purpose of probate is to honor the deceased persons intentions for the estates property and assets. All practitioners are encouraged to review their probate caseload and enter estate completion documents, if appropriate, or file a case status statement, if the case is not complete. At the hearing on the Final Report, the court may take testimony from witnesses to determine whether the estate is ready to be closed, whether the PRs administration should be approved, and who are the legatees and heirs entitled to a distribution. First, state law allows heirs of the estate to skip the probate process entirely when the estate qualifies as a "small" or simple estate. . Learn more about Probate Laws in your state. For more information on the process and documents involved in closing a probate visit the Closing the Probate page. This process involves the use of two different forms having similar names: File it with the Court (with copy for conformation and return). When using the Declaration of Completion of Probate process, making final distributions to the heirs and beneficiaries can be accomplished in one of two ways. Yes. If a personal representative wishes to close the probate, but maintain the power to deal with taxing authorities, he or she can file a Declaration of Completion containing special language that retains these powers. 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. The Declaration contains information listed in RCW 11.68.110 that concerns the decedent and the probate of the estate. RCW 11.68.110(1), Attach a copy of your filed Declaration of Completion to your Notice of Filing & Declaration of Mailing. Similarly, a judge must be involved in probate if the estate settlement involves the guardianship of a minor or incapacitated adult. 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. It also involves paying any outstanding debts, such as loans or taxes, that may remain on the estate. Fees, collection by superior court clerk: RCW 27.24.070, 36.18.020. Declaration of Completion(PDF) (Word). 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. 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. Similarly, if assets are covered by a living trust document, then they can be passed to heirs without formal probate procedures. If you are an attorney you must use the eFiling system. 0 Closing a probate can be made even more efficient through the use of receipts signed by all of the beneficiaries. This can be done by filing a Declaration of Completion of Probate, which outlines the actions of the personal representative, describes fees paid (or to be paid) to accountants, attorneys, appraisers, and to the personal representative, describes any tax liability that the estate incurred, and states that the estate is ready to be closed. If you live in Washington State and need assistance with probate or selling or transferring real estate while involved in an active probate, give Symmes Law Group a call at 206-682-7975 to get the counsel you need. 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 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. Notice of Request for Nonintervention Powers (PDF) (Word). 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. Although not required by law, it would be prudent to have each Heir or Beneficiary, in receipt of his/her distribution, sign and deliver to you a copy of a: Receipt by Heir or Beneficiary form. Facsimile: (206) 367-3109 Toll-Free: 1-888-367-3122 Sample Declarations of Mailing can be found above. Thank you for this service. We found the people at the King County courthouse in Seattle very helpful, too. 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. RCW 11.68.110(1)(f). 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. Any fees or compensation for other professionals helping with the settlement, such as attorneys, appraisers or accountants. Need further help with your Washington probate case? If the court is satisfied, it may enter a final Decree of Distribution, approving the Report, discharging the PR and approving the distribution of the estate. Declaration of Mailing of Notice of Rejection of Creditors Claim (PDF)(Word). There are also resources for self help, if you wish to handle probate without consulting an attorney. 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. ., (year) . I just wanted you to know that what you are doing matters a great deal. Kitsap County, My wife and I have just finished the walk it through the court initiation of a probate of my mother-in-laws estate. Make sure that you use the correct form for your intended purpose. Filter the case list by entering in the "Search" field a case number, a name, or Bar Number. 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). The footer in the lower right hand corner of the documents must show your name, address and phone number. For example, King County has many forms and guidelines online, including an online library of probate resources found here: https://kcll.org/probate-resources/. Armed with information and all the needed forms from your website, we were able to conduct our business in an hour of only mild confusion rather than being totally lost and frustrated. King County, My brother recently passed away leaving an intestate estate slightly in excess of $200K despite my frequent urging for a Will. There is no specific state law outlining the maximum time allowed for the probate process to occur. . 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. Your credit history does not matter, and there are no hidden fees. I now have my Letters and am proceeding through the real work of fulfilling the requirements to close the probate in a few months. See RCW 11.68.100(2) & 11.76.040. Give us a call to get started. RCW 11.68.114. The living trust operates similarly to a will and assigns the transfer of assets to particular heirs upon the persons death. endstream endobj 108 0 obj <>stream (i) The schedule of fees set forth in the Declaration of Completion of Probate will be deemed reasonable and the payment of those fees will be approved; (ii) The Declaration of Completion of Probate will be final and deemed the equivalent of a Decree of Distribution entered under chapter, (iii) The acts that the personal representative performed before the Declaration of Completion of Probate was filed will be deemed approved, and the personal representative will be automatically discharged without further order of the court with respect to all such acts; and. 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. hbbd```b``f ,LzEIQH+ fg J`\$@lm`[AdwB@?g=j)"30 Interested parties may file objections to the report or petition, or appear at the hearing and make their objections known to the court. How Long Does It Take to Get an Inheritance? I have so far concluded the initial motion hearing and a second hearing to admit the Will to probate. The key to avoiding probate in the state of Washington is fairly simple: use a comprehensive estate plan. Washington Probate - Simple Testate Estate Probate Forms Probate Forms for a Typical Testate Estate in temporal order A. . . You can use the advance for anything you need, and we take all the risk. for the determination and payment of all remaining tax obligations. Miscellaneous provisions for distributions made by a governing instrument. Proposed OrderProbating Will (PDF) (Word). : RCW. 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. This field is for validation purposes and should be left unchanged. Before giving you Letters Testamentary, however, the clerk will require you to provide a signed and notarized oath for filing. 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. If you have an original will (and codicil, if applicable), the commissioner will need to see this document in person. Specifically, the statute requires (1) the Report to be mailed to each heir, legatee, devisee and distributee at least 20 days prior to the hearing and (2) a notice be published at least 20 days prior to the hearing in a legal publication in the county where the Report is being heard. 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. The total time required for probate depends on several variables, including the size of the estate, the type of assets and their value, and of course whether any disputes arise between creditors or beneficiaries of the estate. This is not a loan, as we are paid directly out of the estate, and the remainder of your inheritance goes straight to you. If no beneficiary requests an accounting within the 30-day period after filing of the Declaration of Completion, then the probate will be closed, the personal representative will be discharged, and the personal representative will have no further power as personal representative, except to pay out the final distributions described in the Notice of Filing within 5 days. Closing Estate Once the final distribution has been made and a Declaration of Completion filed with the Court, the personal representative will be discharged, and the probate will close. 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.