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
- Complete a Consent to Grant of Nonintervention Powers & Waiver of Noticeform for each Heir, Beneficiary, and any person from whom you have received a Request for Special Notice under RCW 11.28.240.
For further information, see: Who Is Entitled to Notice?
- Obtain all of the respective signatures.
- “Walk your Petition through the Court.”
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:
- Decedent’s heirs,
- Decedent’s beneficiaries, and
- Anyone from whom you have received a Request for Special Notice under RCW 11.28.240.
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.