Designation of Resident Agent(PDF) (Word). 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. 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. The Seven Probate Instruction Alternatives: If you are unclear about which of the above is right for you, see: Is a Probate Necessary? The most common and easiest method by far for doing this is through the use of a Declaration of Completion. RCW 11.68.110(3). Probate law and practice -- Washington (State) Legal ethics -- Washington (State) . Please email Kristel Tugublimas (kristel.tugublimas@kingcounty.gov). Proposed OrderProbating Will (PDF) (Word). ` UV CAUTION: Distributing to an Incapacitated Heir or Beneficiary. But the most important purpose of probate is to honor the deceased persons intentions for the estates property and assets. Anticipating that this would occur, I had intended to handle the probate myself. ,RdG^. Your administration of the estate is effectively done. Waiver of Hearing on Nonintervention Powers (PDF) (Word). Closing and Distributing the Probate Estate - The Superior Court of There are two main ways you can avoid formal probate in the state of Washington. Probate in Washington State | Helsell Fetterman for the determination and payment of all remaining tax obligations. While not required by state law, the Ex Parte Commissioner in King County will expect you to have the death certificate of the decedent for the Commissioner to review at the initial hearing. Washington Probate - Simple Testate Estate Probate Forms Opening & Closing Probate Without a Will; Filing a Will Without Opening Probate; Transfer on Death Deed (TODD) About Us. 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. See RCW 11.68.112. Oathof Personal Representative (PDF) (Word). You should fill in the "Case Caption" line with the name of the estate (e.g. Do all Estates Have to Go Through Probate in Washington? Requirements for the closing of an estate are far stricter when the personal representative does not have nonintervention powers. The law allows the court to enter one of two types of decrees when a Petition for a Decree of Distribution is filed. Instructions - Washington Probate In an intervention closing, the personal representative must initiate the closing process by preparing a final report, for the court, showing that the estate is ready to be settled, describing any estate funds or assets which the personal representative has not previously reported to the court, as well as, estate debts paid, identify devisees and legatees, and a description of any property that remains to be distributed. Inheritance rights of slayers or abusers. With this designation, the accountssuch as savings accounts and investment accountsare paid to the named beneficiaries upon death. You'd prefer to avoid having to do this. 0 This is common when the personal representative is the sole or a large heir of the estate. 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. 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. 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. 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). How to Avoid Probate in Washington State - Her Lawyer (1) If a personal representative who has acquired nonintervention powers does not apply to the court for either of the final decrees provided for in RCW. Receipt (PDF) (Word). The law also permits you to personally serve the Notice of Rejection, in which case, the attached Declaration will need to be revised to reflect that you personally served the claimant. Declaration Regarding Reasonable Search for Creditors (PDF) (Word). RCW 11.68.110(1), Attach a copy of your filed Declaration of Completion to your Notice of Filing & Declaration of Mailing. This field is for validation purposes and should be left unchanged. Sales, exchanges, leases, mortgages, and borrowing. I have so far concluded the initial motion hearing and a second hearing to admit the Will to probate. Access a probate case status template here: .docx and .pdf. For more information on the process and documents involved in closing a probate, visit the Closing the Probate page. The majority of estates are settled under the terms of a written will. 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. 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. 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; (b) The notice of the filing of declaration of completion of probate must be in substantially the following form: NOTICE IS GIVEN that the attached Declaration of Completion of Probate was filed by the undersigned in the above-entitled court on the . We found the people at the King County courthouse in Seattle very helpful, too. Any fees or compensation for other professionals helping with the settlement, such as attorneys, appraisers or accountants. You should ensure that proof of mailing and publication are filed with the court by the time of the hearing, and you have that proof available for review by the Ex Parte Commissioner at the hearing. Closing Probate - Washington Probate Information It will also help you understand your rights and responsibilities, whether as a surviving family member or if you find yourself acting as personal representative of an estate. File all such signed Receipts with the Court (with copy for conformation and return). 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. 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. 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. . How to Avoid Probate in Washington | Law Offices of Molly B. Kenny 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. All of these transfers occur automatically at death, without any formal probate filings. endstream endobj 110 0 obj <>stream It went very well with the help of this site. 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.". 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]. 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). . RCW 11.76.030. King County Superior Court, Clerk of Court. We appreciate the resource for a process that was at first daunting. I now have my Letters and am proceeding through the real work of fulfilling the requirements to close the probate in a few months. For instructions and the Excise Tax Affidavit form for recording a Deed, see: Recording a Deed. 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. This form can be found on the King County Clerks forms page. Heirs are entitled to object to the entry of the Decree. The settling of an estate by probate must be done according to state law in Washington. 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. Once receipts from each heir have been produced, the court issues an order closing the estate, distributing assets and discharging the personal representative. You may be able to transfer a large amount of property using simplified probate procedures or without any probate court proceedings at all. this notice must be sent to all heirs of the estate, persons named in the will, and basically anyone who is entitled to relieve a distribution from the estate. No attorney-client relationship. While looking for another lawyer, I began researching what it entailed to probate a will and found your amazing site. Will. After closing it, you may need to re-open the estate, for example, to deal with newly discovered property. The designated person must live in the county where the probate is pending. 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. Once these documents are mailed to the heirs, beneficiaries, DSHS and the Department of Revenue, be sure to file with the court proof that you have done this. For more information on the process and documents involved in closing a probate visit the Closing the Probate page.
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