Avoiding Notice of Hearing for a Petition for Letters
The Issue: Should the Heirs and Beneficiaries be given Notice that the Court will hear your Petition to be appointed as Decedent’s Personal Representative so that they may be given an opportunity to be heard?
As regards the notice requirements for the Letters portion of your Petition, the only person ever entitled to Notice is Decedent’s surviving spouse. Consequently:
- If Decedent was not survived by a spouse, then no Notice is required to anyone.
- If Decedent was survived by a spouse, and you file your Petition after 40 days after Decedent’s death, then no Notice is required to anyone. Testacy: RCW 11.28.030; Intestacy: RCW 11.28.120.
- If Decedent was survived by a spouse, and
not the surviving spouse or his/her written designee, and
you file your Petition within 40 days after Decedent’s death, …
then Notice to the surviving spouse is required if either of the following two conditions is true:
If Notice is required under the former, “Letters of Administration“ requirement, then Notice is required to be sent “at least ten days before the hearing, unless the surviving spouse [has] waive[d] notice of the hearing in writing ….” RCW 11.28.131
If Notice is required under the latter, “Letters Testamentary + community property” requirement, then Notice is required “for such time and in such manner as the court may determine,” unless the surviving spouse has “in writing waived the right to administer upon such community property.” RCW 11.28.030
Problem: If Decedent is survived by a spouse, either
- Wait until after 40 days after Decedent’s death to file your Petition, or
- Have the Petitioner be the surviving spouse or his/her written designee, or
- If Decedent left a Will, Petition for
- The Surviving Spouse to be appointed Personal Representative over the community property, and
- You to be appointed Personal Representative over the separate property (See 2003 King County Probate Policy & Procedure Manual, § 3.4.3), or
- Have the surviving spouse sign a Declination, Designation, & Waiver by Surviving Spouse form
- Send Notice to the Surviving Spouse.