WASHINGTON (State) PROBATE

Step-by-Step Instructions

Free Probate Forms

Seattle & King County | Tacoma & Pierce County

Everett & Snohomish County | All Washington

For Attorneys, Lawyers, & the Public

 

 

Washington Probate Instructions

 

 

Petitioning for Nonintervention Powers After Your Appointment

  1. Without Notice of Hearing

  2. By Consent

  3. Through a Noticed Hearing

 

You may find yourself in the situation where you believe it would be best for you or circumstances force you:

If so, and assuming that the estate is solvent (an absolute requirement for obtaining Nonintervention Powers), here is how you might obtain them, in increasing order of complexity:

 

 

A.  Without Notice of Hearing    

 

Determine if you qualify for Nonintervention Powers without having to send Notice of Hearing --- namely whether you fall into either of the following two categories (See RCW 11.68.011(2)(a) and (b)):

  1. The combined probate and nonprobate estate is solvent, and
     

  2. Either of the following two situations is true:
     

    1. Decedent died testate, and Decedent's Will names you as Decedent's Personal Representative; or
       

    2. Decedent died intestate, and:
       

      1. You are Decedent's surviving spouse, and
         

      2. Decedent's estate consists only of community property, and
         

      3. At the time of filing the Petition, all of any then living children (or lower issue) of Decedent were also your children (or lower issue).

If so, then:

Petition for Nonintervention Powers (Without Notice) form.

 

B.  By Consent    

 

If you can't qualify as above, then so long as:

you may yet qualify for Nonintervention Powers without having to send Notice of Hearing (See RCW 11.68.011(2)(c) and 11.68.041(2)(a)):

Petition for Nonintervention Powers (With Notice) form.

Consent to Grant of Nonintervention Powers & Waiver of Notice form

for each Heir, Beneficiary, and person from whom you have received a Request for Special Notice under RCW 11.28.240.  Obtain all of the respective signatures.

Order Granting Nonintervention Powers form.

 

C.  Through a Noticed Hearing    

 

If you can't qualify as above, then so long as:

you should still be able to obtain Nonintervention Powers, but you will need to set a hearing, send notice of the hearing, and file a Notice of Hearing & Declaration of Mailing See RCW 11.68.041(2)  To do so:

Petition for Nonintervention Powers (With Notice) form.

Notice of Hearing on Petition for Nonintervention Powers & Declaration of Mailing form.

Who Is Entitled to Notice of Your Petition for Nonintervention Powers?


Timing:  At least 10 days (+3 more days for giving notice by mail; total = 13 days) before the hearing.

Timing:  At least 10 days before the hearing.

Order Granting Nonintervention Powers form.

 

WASHINGTON PROBATE
Instructions & Forms


Questions?  Help?