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

 

Nonprobate > Appointing a Notice Agent

 

Washington Nonprobate

 

 

Handling Creditor's Claims in a Nonprobate Estate >

    II.  Appointing a Notice Agent

  1. Who May Be a Notice Agent?

  2. What Are the General Duties of a Notice Agent?

  3. If One Person Has Received or Will Receive Substantially All Decedent's Assets

  4. If No One Person Has Received or Will Receive Substantially All Decedent's Assets

  5. If the Notice Agent Is Not a Washington Resident

  6. If a Personal Representative Is Subsequently Appointed

 

The Issue: In a nonprobate estate, a Notice Agent:

  • Represents the interests of the nonprobate estate's beneficiaries, and in effect

  • Plays the role of a Personal Representative for handling Creditor's Claims.

A.  Who May Be a Notice Agent?    

 

The primary qualification for a Notice Agent is that they be or represent those who "[have] received or [are] entitled to receive substantially all of Decedent's probate and nonprobate assets as a result of Decedent's death."  RCW 11.42.010(1)  Two likely candidates are, for example:

If no one person is so qualified, then those persons who collectively have received or are entitled to receive substantially all of Decedent's assets may appoint by a written agreement a person as Notice Agent to represent them.

 

 

B.  What Are the General Duties of a Notice Agent?    

 

The Issue: If the nonprobate estate has one primary Beneficiary, he/she may serve as the Notice Agent.

C.  If One Person Has Received or Will Receive Substantially All Decedent's Assets    

 

Complete and sign a:

 

Declaration & Oath of Notice Agent form.

 

 

The Issue: If the nonprobate estate does not have one primary Beneficiary, the major Beneficiaries may appoint a Notice Agent.

D.  If No One Person Has Received or Will Receive Substantially All Decedent's Assets    

 

If no one person is so qualified, then those who collectively have received or will receive substantially all of Decedent's assets should:

Agreement Regarding Nonprobate Estate form.

 

The appointed Notice Agent should now complete and sign the Declaration & Oath of Notice Agent form, shown immediately above, then set it aside until he/she goes to Court.

 

 

The Issue: If the Notice Agent is not a Washington resident, he/she must appoint a resident of the county of Decedent's residence at death to serve as his/her Resident Agent to receive any papers.

E.  If the Notice Agent Is Not a Washington Resident    

 

If the Notice Agent is not a resident of Washington, then RCW 11.42.010(5) requires the Notice Agent to designate a resident agent within the State who will accept mailing and service of all papers for Decedent's nonprobate estate.  The agent is required to be either:

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 that county as your Resident Agent by completing and signing the Nonprobate Designation of Resident Agent form, having your appointed Resident Agent sign the Designation consenting to his/her appointment, and then setting it aside until you go to Court.

 

Nonprobate Designation of Resident Agent form.

 

 

The Issue: What is the effect of the subsequent appointment of a Personal Representative for Decedent's estate?

F.  If a Personal Representative Is Subsequently Appointed    

 

A Notice Agent may serve only in the absence of a Personal Representative.  RCW 11.42.020(1)  Consequently, upon the subsequent appointment of a Personal Representative:

 

WASHINGTON PROBATE
Instructions & Forms


Questions?  Help?