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WA-Probate > Probate Instructions > Opening the Estate > Avoiding Notice for a Petition for Letters > Sending Notice to Decedent's Surviving Spouse
Problem: If Decedent is survived by a spouse, you may be required to send Notice of your Petition for Letters to him/her:
If you are petitioning for Letters of Administration, you will need to set a hearing, send Notice of Hearing to Decedent's surviving spouse, and file a Notice of Hearing & Declaration of Mailing. See: RCW 11.28.131 To do so:
Determine when probate petitions are heard
at your Courthouse.
Select a suitable date and time for the
hearing on your Petition, making sure that your proposed hearing
date is at least 10 days into the future.
Complete a
Attach to your
Notice a copy of your Petition and make sufficient copies of
that combined document (Notice + Petition).
Mail a copy of that combined
document (Notice + Petition) to
Decedent's surviving spouse.
Timing: At least
10 days (+3 more days for giving notice by mail; total = 13 days) before the hearing.
At Court, file and obtain a conformed copy of your:
Petition and
Notice of Hearing & Declaration of Mailing.
Timing: At least
10 days before the hearing.
King County requires:
14 day notice (17 days if notice by mail).
Working Copies and a proposed Order to be filed with the Probate Department at least 7
days before the hearing.
Complete an
Attend the hearing on your Petition. Assuming no one objects to your Petition, the Judge will likely ask you for a proposed Order. Hand it to the Judge (or to the clerk for the Judge) for his/her review and signature and return to you. It would be better practice for you to return the file and the signed Order to the Clerk's Office and obtain a copy of the signed Order for your records.
If you are petitioning for Letters Testamentary and you are unwilling to wait until 40 days after Decedent's death to file your Petition, you will need to set a hearing, send Notice of Hearing to Decedent's surviving spouse, and file a Notice of Hearing & Declaration of Mailing. See: RCW 11.28.030 To do so:
Determine:
When probate petitions are heard at your
Courthouse, and
The pertinent notice period required at your
Courthouse (the statute does not state an objective period --- only "for
such time and in such manner as the court may determine").
Select a suitable date and time for the
hearing on your Petition, making sure that your proposed hearing
date is at least the specified number of days into the future.
Complete a
|
Notice of Hearing to Surviving
Spouse re
Petition for Probate of Will, |
Attach to your
Notice a copy of your Petition and make sufficient copies of
that combined document (Notice + Petition).
Mail a copy of that combined
document (Notice + Petition) to Decedent's surviving spouse.
Timing: At least
the specified number of days (+3 more days for giving notice by mail) before the hearing as your
Courthouse requires.
At Court, file and obtain a conformed copy of your:
Petition and
Notice of Hearing & Declaration of Mailing.
Timing: At least the specified number of days before the hearing as your Courthouse requires.
King County requires:
14 day notice (17 days if notice by mail).
Working Copies and a proposed Order to be filed with the Probate Department at least 7
days before the hearing.
Complete an
Attend the hearing on your Petition. Assuming no one objects to your Petition, the Judge will likely ask you for a proposed Order. Hand it to the Judge (or to the clerk for the Judge) for his/her review and signature and return to you. It would be better practice for you to return the file and the signed Order to the Clerk's Office and obtain a copy of the signed Order for your records.