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WA-Probate > Probate Instructions > Opening the Estate > Avoiding Designating a Resident Agent
The Issue: In order to obtain the State's grant of authority provided by Letters, a Personal Representative must subject him/herself to the jurisdiction of the Washington judicial system, that is, he/she must be able to become a Defendant of a legal action filed in a Washington Court. Practically speaking, this means that if the Personal Representative is not a resident of Washington, he/she must designate someone within Washington, known as a "Resident Agent," who will receive service of process on behalf of the Personal Representative and the probate estate. RCW 11.36.010 The Resident Agent is required to be either:
A resident of the county of the Court where the
probate has been filed, or
The attorney of record for the estate.
If you are not a Washington resident and you are appearing pro se (ie, without an attorney), then you will need to designate a resident of the county where the probate is filed as your Resident Agent by completing and signing a:
having your appointed Resident Agent sign the Designation consenting to his/her appointment, and then setting it aside until you go to Court.
Decedent's waiver of Bond in his/her Will includes a waiver of Bond for a non-resident Personal Representative. RCW 11.36.010