How to Probate a Washington Descendant's Estate ---
To "Do It Yourself" without a Lawyer

Satisfying the Notice of Hearing Requirements for a Petition for Nonintervention Powers

You may satisfy the notice requirements by either:

  • Obtaining either:
    • A written Consent to your being granted Nonintervention Powers, or
    • A Waiver of Notice of Hearing from all those entitled to notice (RCW 11.68.041(2)(a)); or
  • Setting a hearing and giving timely Notice of the hearing to all those entitled to it (RCW 11.68.041(2)).

By Obtaining the Necessary Consents & Waivers

Problem:  An incapacitated heir or beneficiary (eg, a minor)

By Giving Notice of Hearing

  • 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 (+3) days into the future.
  • Complete a Notice of Hearing on Petition for Nonintervention Powers & Declaration of Mailing form.
    • 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 each person entitled to notice:

    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.
    • 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.