WASHINGTON PROBATE INSTRUCTIONS

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Washington Probate Instructions ---     ñ

1st Question: Is a Probate Necessary?

The Six Probate Instruction Alternatives:

     1. Personal Property Affidavit

     2. Adjudication Proceeding

     3. Traditional Probate with Nonintervention:

           A.  Opening the Probate Estate

           B.  Administering the Probate Estate

           C.  Closing the Probate Estate

     4. Traditional Probate with Nonintervention:
             The Simple Version: Probate "for Dummies"

     5. Administering Nonprobate Assets

     6. Election Upon the Death of an Intestate Ward

Traditional Probate with Nonintervention     ñ

I.  Opening the Probate Estate     ñ

1. Preparing for Court

   An Official Action Needs to Be Taken Before a Personal Representative Can Be Appointed

   1. Obtaining a Certified Copy of Decedent's Death Certificate

      • In King County

      • In Another County in Washington

   2. Determining the Proper Court

      1. Jurisdiction

      2. Venue

   3. Filing a Case Cover Sheet

   4. Filing Decedent's Will

      • Procedure for Filing Decedent's Will

      • Filing Fees & Methods of Payment

      • Decedent's Will Is in an Inaccessible Safety Deposit Box --- Gaining Access to the Box

      • Decedent's Will Is Lost or Destroyed --- Probating a Lost or Destroyed Will

      • Decedent's Will Is Not "Self Proving"

      • Decedent's Will Has Already Been Filed as a "Will Only"

      • Decedent's Will Has Already Been Admitted in Another State --- an Ancillary Probate

   5. Petitioning for Letters

      • Dealing with the Priority Order of Those Entitled to Letters

      • Appointing a Guardian ad Litem for a Minor (or otherwise incapacitated) Heir or Beneficiary

   6. Obtaining Nonintervention Powers

      • What are Nonintervention Powers & How to Obtain Them

      • Petitioning for Nonintervention Powers after Your Appointment

        • "Walking a Matter through Court"

      • An Insolvent Estate

   7. Avoiding Notice of Hearing

      1. Re Petition for Letters

      2. Re Petition for Nonintervention Powers

         • Who Is Entitled to Notice of Hearing?

           • The Heirs

           • The Beneficiaries

           • Special Notice

           • Becoming an Heir by Right of Representation

         • Satisfying the Notice of Hearing Requirements

           • An incapacitated heir or beneficiary (eg, a minor)

   8. Avoiding Posting of Bond

   9. Avoiding Designating a Resident Agent

   10. Drafting a Proposed Court Order

   11. Filing an Oath of Personal Representative

       • Notary at King County Courthouse and Kent Regional Justice Center

   12. Resolving Issues Surrounding Payment of Compensation to You as Personal Representative

       • Payment of Compensation to the Personal Representative & His/Her Attorney

   13. Filing a Probate Notice to Creditors

   14. Telephoning the Probate Clerk

       • Requirement Specific to King County

       • Requirement for Some Less Populous Counties

3. Giving Notice of Your Appointment

   1. To Heirs & Beneficiaries

      • Who Are These "Heirs and Beneficiaries?"

        • The Heirs

        • Becoming an Heir by Right of Representation

        • The Beneficiaries

   2. To Washington Department of Social & Health Services

   3. To Washington Department of Revenue

   4. To Internal Revenue Service
       

4. "Housekeeping" Issues

   1. Evidencing Your Authority as Personal Representative

   2. Changing Your Address During Administration

3. Handling Creditor's Claims

   1. Are All Claims Subject to the Creditor's Claim Procedure?

   2. Why Follow the Creditor's Claims Procedure?

      1. Why Publish a Probate Notice to Creditors?

         • Statute of Limitations

      2. Why Send Actual Notice to Known Creditors?

         • Evidencing Your Reasonable Review

      3. Why Insist on a Creditor's Claim for Payment?

   3. What Can "Go Wrong" Even Though You're Doing Everything "Right"?

      • An Insolvent Estate

   4. Publishing a Probate Notice to Creditors

      • Legal Newspapers & Costs of Publication

   5. If Decedent Was a Resident of a Different County in Washington at Death

   6. Giving Notice to WDSHS

   7. Conducting a Reasonable Review to Identify Decedent's Creditors

   8. Giving Each Possible Creditor Actual Notice

      • Evidencing Your Reasonable Review

      • Special Circumstance: You Are a Creditor

   9. Determining Whether Creditor's Claims Are Lawfully Presented

      • Statute of Limitations

   10. Disposing of Lawfully Presented Creditor's Claims

       • Paying

       • Allowing

       • "Holding"

       • Rejecting

   11. Disposing of Defective Creditor's Claims

   12. Completing the Creditor's Claims Process

4. Handling Tax Issues

   1. Handling Income Tax Issues

      1. Federal

      2. Washington

   2. Handling Estate Tax Issues

      1. Federal

      2. Washington

    

5. Making Preliminary Distributions

   1. What is a Preliminary Distribution?

   2. Reasons for Making a Preliminary Distribution

   3. The Inherent Problem in Making a Preliminary Distribution

   4. Legal Requirement

   5. Practical Requirements

   6. Priority of Preliminary Distributions

   7. Likely Situations for Making Preliminary Distributions

   8. Unusual but Reasonable Situations for Making Preliminary Distributions

   9. "Advantage" of Not Publishing a Probate Notice to Creditors So That the Estate may Be Distributed and Closed Promptly

III.  Closing the Probate Estate     ñ

1. Are you Ready to Close the Estate?
    

2. Closing the Estate - Simply
    

3. Closing the Estate - Not So Simply

   1. Declaration of Completion

   2. Notice of Filing & Declaration of Mailing

   3. Final Distribution

      • Forms for Distribution or Sale of Property

      • Distributing to an Incapacitated Heir or Beneficiary

   4. Receipt by Heir or Beneficiary

   5. Advantage of Using the "Not So Simple" Method to Close the Estate
       

4. Closing "Problems"

   1. You Can't Close Within 12 Months --- Filing a Status Report

   2. Someone Timely Files & Serves an Objection to Your Declaration of Completion

   3. You've Closed but Need to Re-Open the Estate

   4. Is Your Liability as Personal Representative Over Once Your Declaration of Completion Becomes Final?