Under RCW 11.68.100, a personal representative with nonintervention powers can petition the court to close the estate and distribute any remaining property. Uniform adult guardianship and protective proceedings jurisdiction act. If the total value of the estates assets is $100,000 or less, then you may skip formal probate and settle the estate under a more simplified process, without court supervision. Unlike the process for filing a Declaration of Completion, if the personal representative files a Petition for a Decree of Distribution, a properly noted hearing in the Ex Parte courtroom is required. The full requirements of the final report can be found in RCW 11.76.030. In those cases, it must contain the contact information for each heir, their relationship to the Decedent, and their distributive shares. If the estate is subject to any Federal or Washington estate tax, those taxes have been settled and paid. The final option is filing a Final Report and Petition for Distribution, which also requires a court hearing. 126 0 obj <>/Filter/FlateDecode/ID[<4B3E665C7768E945A846C94721232C4B>]/Index[103 37]/Info 102 0 R/Length 109/Prev 156869/Root 104 0 R/Size 140/Type/XRef/W[1 3 1]>>stream 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. The living trust operates similarly to a will and assigns the transfer of assets to particular heirs upon the persons death. endstream endobj 110 0 obj <>stream "Housekeeping" Issues Closing the Probate Estate An Insolvent Decedent's Estate (More debts than assets) Administering Nonprobate Assets (Assets that pass "Outside of Probate") Election upon the Death of an Intestate Ward (Rare: Decedent has a Guardianship & dies without a Will) During the probate process, a personal representative takes charge of the decedent's estate. Once the final report and/or petition to distribute is filed, the Court Clerk will set a hearing date for the matter. 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. 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. File with the Court a report of your administration and distribution, bringing the estate and your administration of it to a close. 3. However, Washington state law does state that if there is a will, it must be filed with the Clerks Office of the Superior court within 40 days of the persons death. Similarly, if assets are covered by a living trust document, then they can be passed to heirs without formal probate procedures. However, if the estate is complicated, if there are disputes among creditors, or if any beneficiary or family member contests the terms of the will, then the process can take one year or even longer. Thank you for this service. Washington Probate Shortcuts | Nolo Court commissioners, powers in probate matters: RCW 2.24.040. How Much Does an Estate Have to Be Worth? When mailing the Declaration of Completion to the interested parties, the personal representative must also send a special pleading called a Notice of Filing, which can be found on the Documents page. The author emphasizes that these materials are not to be construed as legal advice, under any circumstances. The settling of an estate by probate must be done according to state law in Washington. ", Ex Parte Notice of Court Date. ., (year) . . But the most important purpose of probate is to honor the deceased persons intentions for the estates property and assets. For more information on the process and documents involved in closing a probate visit the Closing the Probate page. You should redact the social security number and mother's maiden name on the death certificate. If you reject a Creditors Claim that is brought against the estate, you must file with the court proof that you mailed the rejection via certified mail, as well as attach a copy of the Notice of Rejection. Decedent died testate on January 1, 2003, was then a resident of King County, Washington, and left property in this state subject to probate. If you intend to close the probate but retain power to deal with taxing authorities, you must insert special language in the Declaration of Completion reserving this power. 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. 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. See the Initial Hearing page for details on how to add the cause number to your documents. While we've all heard "probate horror stories" over the years, the truth is that Washington State has one of the simplest probate systems in the nation. Aside from reviewing the Report, the court will look carefully to ensure that proper notice has been provided. Tell us a little about your case. Evidence, transaction with person since deceased: RCW 5.60.030. If the compensation is stated in the will but the personal representative does not believe it is just and reasonable, then he or she may petition the court to override the terms of the will and adjust the compensation. 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 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. RCW 11.68.110(3) now requires notice to be provided to all parties as that term is defined under TEDRA. The Notice Re Probate Case should be mailed to each heir and beneficiary with the Notice of Appointment. RCW 11.68.110(3) The estate closes upon your filing. Declaration of completion of probate Special powers of personal representative to hold reserve and deal with taxing authorities Notice of filing of declaration Discharge from liability. You can find a sample Declaration of Completion containing such language on the Documents page. How to Avoid Probate in Washington State - Her Lawyer ` UV Additionally, probate court proceedings may be avoided in relation to particular assets of the estate. The probate process is a court case used to gather the as sets of a person who has died, settle their debts, and distribute the assets to their heirs. The personal representative must comply with the requirements of RCW Chapter 11.76 to effectuate the closing of the estate, and, ultimately, the distribution of estate property. Please email Kristel Tugublimas (kristel.tugublimas@kingcounty.gov). PDF Opening & Closing Probate for A Person Without a Will The most common and easiest method by far for doing this is through the use of a Declaration of Completion. There also may be a dispute about the meaning of written terms or instructions in the will. This is because the process can be complicated and require a significant amount of time and effort from the personal representative. Can an Executor of an Estate in Washington Be Compensated? Each of these methods is described below. When the Executor of Will Refuses to Pay Beneficiary, Probate Loans: How to Get Your Probate Loan Quickly. Only that portion of the reserve that remains after the settlement of any tax liability, and the payment of any expenses associated with such settlement, will be distributed to the persons legally entitled to the reserve. Its important to note, however, that Washington does have a couple exceptions to the required probate process that can help save time, confusion and cost. Use the not so simple method to close the estate, Wait until the expiration of the 30-day notice period, and, Receive promptly the property proposed to be distributed to him/her during the 5-day period following the Effective Date, or, Postpone its receipt for who knows how long while his/her potential. ; unless you petition the above-entitled court under chapter. For more information on the process and documents involved in closing a probate, visit the Closing the Probate page. . Notice Re Probate Case (PDF) (Word). 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. 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. (2) If the requirements in subsection (1) of this section are met and if no party as defined in RCW. 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. However the surviving spouse can waive that right. If a guardianship of the estate is required, state name of guardian. You'd prefer to avoid having to do this. 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. day of . For forms to use upon distribution or sale of property from or by the estate, see: Forms for Distribution or Sale of Property. What is the role of the Court during the probate? ALEX M. MIFFLIN practices as the lead probate attorney with The Whipple Law Group, PLLC, a Spokane based law firm. Even though I hired a Paralegal with a rusty background, your site has guided both of us through this uncertain territory and everything is going very well. This includes paying out all claims and distributing any assets and bequeathments. This document describes the importance of administering a probate as quickly as possible. 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. Settlement of creditor claims for estates passing without probate. The second way of making distributions is by mailing the Declaration of Completion and the Notice of Filing of the Declaration of Completion to all of the heirs and beneficiaries who have not signed a Receipt. Has consented in writing to the Petition for Letters, or. RCW 11.76.080 mandates that the PR must provide at least 20 days advanced notice of the final hearing on the probate. . We found the people at the King County courthouse in Seattle very helpful, too. 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. Once all tax matters are concluded, the personal representative must file with the court and mail to each person who is entitled to a share of the reserve (or would have been entitled to a share had it not been used up) a copy of the checks or receipts showing how the reserve was used and distributed. Notice to Creditors (PDF) (Word)Notice of Rejection of Creditors Claim (PDF) (Word)Decl. File the original Notice of Filing & Declaration of Mailing with the Court (with copy for conformation and return). Bring it with you. . The Notice to Creditors may be published in a legal newspaper where the decedent was residing at the time of death. Probate may occur if the deceased had the real property under their name, if the property is only under their name and exceeds $100,000 in value, or if one does not leave a will. Title 11 RCW: PROBATE AND TRUST LAW - Washington Opening & Closing Probate Without a Will; Filing a Will Without Opening Probate; Transfer on Death Deed (TODD) About Us. 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. As detailed in the sections above, smaller estates with a total asset value of less than $100,000 can avoid the complicated formal probate process. Washington offers two probate shortcuts. Through probate, the deceased persons estate is settled, which includes transferring property and assets to heirs and beneficiaries. This applies whether the person died with a will, or under default state intestate rules when there is no existing will. (a) The date of the decedent's death and the decedent's residence at the time of death; (b) Whether or not the decedent died testate or intestate; (c) If the decedent died testate, the date of the decedent's last will and testament and the date of the order probating the will; (d) That each creditor's claim which was justly due and properly presented as required by law has been paid or otherwise disposed of by agreement with the creditor, and that the amount of taxes assessable against the estate has been determined, settled, and paid or otherwise provided for; (e) That the personal representative has completed the administration of the decedent's estate without court intervention, and the estate is ready to be settled and distributed; (f) If the decedent died intestate, the names, addresses (if known), and relationship of each heir of the decedent, together with the distributive share of each heir; and. (i) Receipt of a copy of any Declaration of Completion of Probate and any Notice of Filing of such Declaration filed in these proceedings, and (ii) Any right I may have to file a Petition with the Court requesting it to determine the reasonableness of fees or for an estate accounting. Instead, the personal representative need only file the Receipts and the Declaration of Completion with the court and the probate will be closed. You can find a sample Declaration of Completion containing such language on the Documents page. Many of the Washington county court websites have further guidance for the probate process specific to your county. For example, if the decedent lived in Renton at the time of death, you would select "Kent." Qualifications of personal representatives. It also involves paying any outstanding debts, such as loans or taxes, that may remain on the estate. 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. Washington has made it easy for most people to avoid the probate process, with many legal tools that are available to make asset transfer simple and pain-free. I understand that this authorization overrides any previous registrations on a federal or state Do Not Call registry. Declaration of Completion of Probate (Without Will; Distribution Completed) form. Need further help with your Washington probate case? You should fill in the "Case Caption" line with the name of the estate (e.g. The personal representative must (1) file the Declaration with the court and then (2) within five days mail the Declaration of Completion to all parties interested in the estate who have not waived their right to receive notice of the filing of the Declaration of Completion. The full requirements of this declaration can be found in RCW 11.68.110. Declaration Regarding Reasonable Search for Creditors (PDF) (Word). 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. Family support and postdeath creditor's claim exemptions. If no party comes forward, the estate closes automatically, distributions are made, and the personal representative is discharged, at the end of the thirty days. It is not legal or other professional advice and does not necessarily represent the opinion of the Whipple Law Group, PLLC. The court will not appoint the parent of the child as the GAL. RCW 11.68.110-114. Fees, collection by superior court clerk: RCW 27.24.070, 36.18.020. All of these transfers occur automatically at death, without any formal probate filings. Advantage of Using the Not So Simple Method to Close the Estate. 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.