If you are not an attorney, you are strongly encouraged to use eFile documents. Your website and some outstanding people at the King County Regional Justice Center, in Kent, were extremely helpful in allowing me to accomplish this with a minimum of lost effort. And that saves time, money, and hassle. For more information on the process and documents involved in closing a probate visit the Closing the Probate page. Similarly, if assets are covered by a living trust document, then they can be passed to heirs without formal probate procedures. If the compensation is stated in the will but the personal representative does not believe it is just and reasonable, then he or she may petition the court to override the terms of the will and adjust the compensation. If the court is satisfied, it may enter a final Decree of Distribution, approving the Report, discharging the PR and approving the distribution of the estate. . However, Washington state law does state that if there is a will, it must be filed with the Clerks Office of the Superior court within 40 days of the persons death. If the petition is granted, the court will enter an order which either: Alternatively, the personal representative has the option to close the estate without order of the court. The King County Court, however, also prefers that the Report contain the following: (1) a discussion of the jurisdictional issues, such as the date of death and residency of the decedent; (2) a description of the commencement of the probate; (3) a statement of the notices that have been provided; (4) an inventory and appraisement of the estate that was required by RCW 11.44.015; (5) a statement regarding the payment of taxes; (6) a statement of the claims that were filed, allowed and disallowed; (7) a detailed accounting and accounting summary; and (8) the fees paid to the PR/administrator, attorneys, accountants, and appraisers. After notices are mailed, the receiving parties have thirty days to come forward to request an accounting of the estate, or for a review of the fees paid, or both. Altogether, the probate process requires following specific states, all outlined in the Washington State Code. : RCW. . (i) Receipt of a copy of any Declaration of Completion of Probate and any Notice of Filing of such Declaration filed in these proceedings, and (ii) Any right I may have to file a Petition with the Court requesting it to determine the reasonableness of fees or for an estate accounting. The Whipple Law Group, PLLC is not liable for the use or interpretation of information contained on this site, and expressly disclaim all liability for any actions you take or do not take, based on this sites content. How Much Does an Executor get paid in Washington? Case Designation Cover Sheet (Word) (PDF). Waiver of Hearing on Nonintervention Powers (PDF) (Word). How Much Does an Estate Have to Be Worth? First, state law allows heirs of the estate to skip the probate process entirely when the estate qualifies as a "small" or simple estate. . The total time required for probate depends on several variables, including the size of the estate, the type of assets and their value, and of course whether any disputes arise between creditors or beneficiaries of the estate. I understand there may be a charge by my wireless carrier for such communications. (1) The personal representative retains the powers to: Deal with the taxing authority of any federal, state, or local government; hold a reserve in an amount not to exceed three thousand dollars, for the determination and payment of any additional taxes, interest, and penalties, and of all reasonable expenses related directly or indirectly to such determination or payment; pay from the reserve the reasonable expenses, including compensation for services rendered or goods provided by the personal representative or by the personal representative's employees, independent contractors, and other agents, in addition to any taxes, interest, or penalties assessed by a taxing authority; receive and hold any credit, including interest, from any taxing authority; and distribute the residue of the reserve to the intended beneficiaries of the reserve; if: (a) In lieu of the statement set forth in RCW. this notice must be sent to all heirs of the estate, persons named in the will, and basically anyone who is entitled to relieve a distribution from the estate. In many cases, the personal representative may wish to waive compensation altogether. This process involves the use of two different forms having similar names: File it with the Court (with copy for conformation and return). You will need to find a surety company who will issue this fiduciary bond to you. Closing the Probate Estate - Simply Simple closing requires that all Heirs and Beneficiaries entitled to receive property from the estate will execute a Receipt & Waiver upon receipt of their estate distribution.
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