Petition to Require Contribution
RCW 11.42.085 provides a process by which you may obtain a Court Order requiring the beneficiaries of Decedent’s estate to pay their respective pro rata share of the claims you have received and the expenses you have paid as Notice Agent.
To obtain the Order:
- Complete a: Nonprobate Petition to Require Contribution form.
Timing: After the expiration of the 4-month Creditor’s Claims Statute of Limitations period.
- Determine when probate petitions are heard at your Courthouse.
- Select a suitable date and time for the hearing on your Nonprobate Petition, making sure that your proposed hearing date is at least 20 (+3) days into the future.
- Complete a Notice of Hearing on Nonprobate Petition to Require Contribution & Declaration of Mailing form.
- Attach to your Notice a copy of your Nonprobate Petition and make sufficient copies of that combined document (Notice + Petition).
- Mail a copy of that combined document (Notice + Petition) to all the beneficiaries of Decedent listed in your Petition.
Timing: At least 20 days (+3 more days for giving notice by mail; total = 23 days) before the hearing.
- At Court, file and obtain a conformed copy of your:
- Nonprobate Petition and
- Notice of Hearing & Declaration of Mailing.
Timing: At least 20 days before the hearing.
- At least in King County: File Working Copies including a proposed Order with the Probate Department at least 7 days before the hearing.
- Complete a: Nonprobate Order Requiring Contribution form.
- Before the hearing, make sure that either:
- The newspaper in which you published your Nonprobate Notice to Creditors has filed with the Court its Proof of Publication, or
- You have received from the newspaper its Proof of Publication, so that you can file it with the Court.
- 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.