126 0 obj <>/Filter/FlateDecode/ID[<4B3E665C7768E945A846C94721232C4B>]/Index[103 37]/Info 102 0 R/Length 109/Prev 156869/Root 104 0 R/Size 140/Type/XRef/W[1 3 1]>>stream Declaration of Completion(PDF) (Word). Only that portion of the reserve that remains after the settlement of any tax liability, and the payment of any expenses associated with such settlement, will be distributed to the persons legally entitled to the reserve. The personal representative cannot hold back more than $3,000. Can an Executor of an Estate in Washington Be Compensated? If no beneficiary requests an accounting within the 30-day period after filing of the Declaration of Completion, then the probate will be closed, the personal representative will be discharged, and the personal representative will have no further power as personal representative, except to pay out the final distributions described in the Notice of Filing within 5 days. File the original Notice of Filing & Declaration of Mailing with the Court (with copy for conformation and return). Under the second type of decree, the Petition should look similar to that of a Final Report under RCW 11.76.030. I like to file a copy with the clerk and therefore have a coversheet that I attach to the front of the death certificate. As described on the Notice page, you are required to give notice of your appointment to all heirs and beneficiaries within 20 days of your appointment. You should then mail that Statement to all of the parties. Another way of avoiding formal probate in Washington is by jointly owning property with another person in a joint tenancy. Under this simplified probate shortcut, any person inheriting from the estate must prepare a legal document called an affidavit, stating that he or she is entitled to certain assets or property held by the estate. Once the final report and/or petition to distribute is filed, the Court Clerk will set a hearing date for the matter. The personal representative must comply with the requirements of RCW Chapter 11.76 to effectuate the closing of the estate, and, ultimately, the distribution of estate property. In an intervention closing, the personal representative must initiate the closing process by preparing a final report, for the court, showing that the estate is ready to be settled, describing any estate funds or assets which the personal representative has not previously reported to the court, as well as, estate debts paid, identify devisees and legatees, and a description of any property that remains to be distributed. With this designation, the accountssuch as savings accounts and investment accountsare paid to the named beneficiaries upon death. The capability to manipulate the on-line forms using a word processor was almost invaluable. It can also be quite costly, so the more simplified the probate procedure can be, the better for the personal representative and all parties involved. 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. Unlike the process for filing a Declaration of Completion, if the personal representative files a Petition for a Decree of Distribution, a properly noted hearing in the Ex Parte courtroom is required. Thats it youre done Congratulations! RCW 11.68.110(4). . day of . 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. You have made a world of difference for us. A second simplified probate process is available in Washington for estates that meet certain eligibility requirements. The application must state: Once all of these requirements have been met and included in the application, the probate of the estate will be officially closed. However, if the estate is complicated, if there are disputes among creditors, or if any beneficiary or family member contests the terms of the will, then the process can take one year or even longer. Most forms include a PDF version for easy review and a Word version for downloading and editing. Thank you very much for the tremendous effort you expended in developing the probate website. King County (Kent), Thank you so very much for distributing the probate forms and basic information to help me navigate the probate path as a pro se litigant in a solvent testate estate. . . If you reject a Creditors Claim that is brought against the estate, you must file with the court proof that you mailed the rejection via certified mail, as well as attach a copy of the Notice of Rejection. The reasons supporting his or her claim as rightful owner of the property; That, at the time of death, the deceased person was a resident of the state of Washington; That the value of the estate is less than the small estate threshold of $100,000; A description of the assets or property that is being requested; and. The estate is solvent (has sufficient assets to pay all outstanding debts and taxes); The personal representative is not a creditor of the deceased person; The person requesting the simplified process is either the personal representative named in the will, or in the case that there is no written will, the surviving spouse. Qualifications of personal representatives. (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. For more information, view the associated Clerks Alert notification here. A copy is fine. endstream endobj 107 0 obj <>stream See RCW 11.68.100(2) & 11.76.040. Choosing the correct court is also important, as it must be the Superior Court of the county in which the person resided at the time of death. Anticipating that this would occur, I had intended to handle the probate myself. While looking for another lawyer, I began researching what it entailed to probate a will and found your amazing site. Once the personal representative identifiedwhether through naming in the will or appointment by the courtthen he or she leads the probate process from start to finish. That the personal representative as able to determine all beneficiaries eligible to receive property and assets; That all known creditors and beneficiaries were given notice of the estate settlement; That all beneficiaries were paid or distributed assets; The amount of compensation requested by the personal representative; and. The Petition is the document that describes your case to the court. Notice to Creditors(PDF) (Word). The living trust can cover almost any asset owned, from real property and vehicles, to investment accounts and bank accounts. If your will does not, you need to get a Declaration from the two witnesses in order to admit the will to probate. Do not forget to write in the city where you signed the Declaration and the date you signed it. Declaration Regarding Reasonable Search for Creditors (PDF) (Word). The most common and easiest method by far for doing this is through the use of a Declaration of Completion. How Long Does Probate Take in Washington? In many cases, the personal representative may wish to waive compensation altogether. The affidavit must be signed under oath and must state: No less than 10 days before filing the affidavit, the beneficiary must also provide written notice to all other known heirs and beneficiaries of the estate. Your administration of the estate is effectively done. RCW 11.68.110(3). Notice of Appointment and Pendency of Probate(PDF)(Word). There also may be a dispute about the meaning of written terms or instructions in the will. If your probate case does not pay, then you owe us nothing. In cases where a personal representative has obtained nonintervention powers, he or she may opt not to use the Declaration of Completion process, and instead use a more complex process, which is to file a Petition for a Decree of Distribution. This process is called probate, and its something most people dont think about until theyre faced with the death of a loved one. 3. If you intend to close the probate but retain power to deal with taxing authorities, you must insert special language in the Declaration of Completion reserving this power. (iv) The personal representative will retain the power to deal with the taxing authorities, together with $. If these disputes occur, then probate must occur formally, under the supervision and direction of a Washington state court judge. RCW 11.68.100(2). RCW 11.68.110(4) & 11.68.114(2). We appreciate the resource for a process that was at first daunting. RCW 11.68.112. Lack of required notice to the complaining heir or beneficiary to his/her detriment, etc. The Request for Nonintervention Powers must comply with RCW 11.68.041(3). 4. A special Notice of Filing must be used if you intend to make final distributions while retaining authority to deal with taxing authorities. Although not required by law, it would be prudent to have each Heir or Beneficiary, in receipt of his/her distribution, sign and deliver to you a copy of a: Receipt by Heir or Beneficiary form. I am doing the probate myself and your web site is an amazing resource. RCW 11.68.110(3). If all you have is a copy of the will, the process for admitting the copy is more complicated, and you should see the page on Admitting Copy of Will to Probate. Yes. Closing the Probate How to Close a Probate Once you have liquidated all of the decedent's property or otherwise gotten all assets out of the decedent's name, taken care of all creditors, and handled all tax issues, you can usually close the probate. RCW 11.68.114. If you are an attorney you must use the eFiling system. A 2021 change in this law appears to require the Declaration of Completion to also be mailed to any creditors with approved claims against the estate. The first and easiest way is by giving all of them their final distributions and having them sign a Receipt (PDF) (Word). 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. All of these methods are avenues for avoiding costly formal probate procedures in Washington. Join Our Email List. You should file the Declaration of Mailing with the court clerk before the scheduled hearing, but also have a copy available for review by the Ex Parte Commissioner. The second way of making distributions is by mailing the Declaration of Completion and the Notice of Filing of the Declaration of Completion to all of the heirs and beneficiaries who have not signed a Receipt. Bring it with you. The law allows the court to enter one of two types of decrees when a Petition for a Decree of Distribution is filed. Nonprobate assets on dissolution or invalidation of marriage. RCW 11.68.110(3). The settling of an estate by probate must be done according to state law in Washington. Mail a copy of that combined document to each Heir or Beneficiary listed in your Declaration of Completion. File Probate Code section 3401 or 3413 declarations before the hearing. =BOS)x Currently, the King County Clerk will provide you a document called a Notice Re Probate Case when you file a new probate. (1) If a personal representative who has acquired nonintervention powers does not apply to the court for either of the final decrees provided for in RCW 11.68.100 as now or hereafter amended, the personal representative shall, when the administration of the estate has been completed, file a declaration that must state as follows: How Much Does an Estate Have to Be Worth? Board of Trustees Mission Statement Policies Annual Report. Probate law and practice -- Washington (State) Legal ethics -- Washington (State) . Assuming that no Objection to your Declaration of Completion was timely filed and served, then during the 5-business day period beginning on the first business day after the Effective Date, make Final Distribution by distributing to each Heir or Beneficiary at least as much property as was specified to be distributed to him/her in your Declaration of Completion, at which time the estate will close. To complete the probate, you must file a Declaration of Completion with the court that meets the requirements of RCW 11.68.110(1). If you are forced to schedule a hearing, the court will need to ensure that proper notice is provided to all parties requiring notice. Letters testamentary and of administration. Declaration of Mailing of Hearing Notice(PDF)(Word). No attorney-client relationship. The petition must include the fees paid, or to be paid, to the personal representative, attorneys, accountants, appraisers or other professionals involved with the administration of the estate being probated. RCW 11.68.110(1). The second type of decree approves the accounting of the personal representative and settles the estate of the decedent in the manner provided for in the administration of those estates in which the personal representative has not acquired nonintervention powers. RCW 11.68.100(1)(b). Lancaster Law Office 17503 Tenth Avenue NE Shoreline, Washington 98155 Phone: (206) 367-3122. The Notice to Creditors may be published in a legal newspaper where the decedent was residing at the time of death. If you've decided that you need to begin a probate, below are some of the documents and forms you will need (and others you might need depending on the circumstances). Uniform fiduciary access to digital assets act. Below we break down the key deadlines, facts and requirements for the probate process in Washington. My dad passed away recently and his estate is just north of the small estate amount. For more information about how to properly deal with creditors, visit the page on Creditors. The default payment rule is that either the will dictates the personal representatives compensation, or, in the absence of written terms in the will, a fee that is just and reasonable as determined by the probate court. Order Appointing Probate Guardian ad Litem (PDF) (Word). I understand there may be a charge by my wireless carrier for such communications. Before the hearing, you should file proof of mailing and publication and have such proof available for review at the hearing. . 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. If you believe that any likelihood exists that any interested party might file an Objection (eg, because one or more heirs or beneficiaries have been troublesome during your administration), WASHINGTON PROBATE suggests that you: At least then you will have put any disgruntled heir or beneficiary to the election of whether he/she would rather: You may need longer than 12 months to probate the estate. If Decedent was survived by a spouse, the surviving spouse: Is the Petitioner for Letters, or. If the decedent didn't live in King County and didn't have any property in King County, you can choose either courthouse. . If you are forced to schedule a hearing to obtain nonintervention powers because you can't get waiver from the other heirs and beneficiaries when there is no will appointing you as personal representative, you must file and mail to each heir a proper Notice of Request for Nonintervention Powers. Decedent's last Will was signed by Decedent on December 31, 1999 and admitted to probate by this Court's order dated . If the court has not granted you nonintervention powers, you cannot use a Declaration of Completion or a Petition for a Decree of Distribution to close the probate. endstream endobj 110 0 obj <>stream If you do not have a will or you are not the person named in the will to serve as personal representative, you will need to schedule a hearing to receive nonintervention powers and give notice to all of the heirs and beneficiaries of the hearing date and time. There are two types of probate. I just wanted you to know that what you are doing matters a great deal. Kitsap County, My wife and I have just finished the walk it through the court initiation of a probate of my mother-in-laws estate. See the Initial Hearing page for details on how to add the cause number to your documents. Thank you very much for the tremendous effort you expended in developing the probate website. King County (Kent), Thank you so very much for distributing the probate forms and basic information to help me navigate the probate path as a pro se litigant in a solvent testate estate. First, state law allows heirs of the estate to skip the probate process entirely when the estate qualifies as a "small" or simple estate. A bond is a type of insurance policy that protects beneficiaries, creditors and others parties interested in the estate from you stealing from the estate or otherwise mismanaging it. Access a probate case status template here: Find certified small business contractors and suppliers, Access Case Data, Court Documents, and Recordings. Distribute little or no property during administration, Avoid putting yourself in the awkward position of not obtaining all the necessary. ,RdG^. Probate is assigned to the Superior Court of the county where the deceased person lived at the time of his or her death. If a guardianship of the estate is required, state name of guardian. To avoid scheduling a hearing, you can have each of the heirs and beneficiaries waive their notice of the hearing. When assets are owned in a joint tenancy, the property automatically passes to the surviving owner(s) upon the death of one of the owners. Be sure to sign and date the front page. It works equally as well for any Washington State property owner, whether a U.S. Citizen, U.S. Tax Resident, or Canadian Non-U.S. Resident. (g) The amount of fees paid or to be paid to each of the following: (i) Personal representative or representatives; (ii) lawyer or lawyers; (iii) appraiser or appraisers; and (iv) accountant or accountants; and that the personal representative believes the fees to be reasonable and does not intend to obtain court approval of the amount of the fees or to submit an estate accounting to the court for approval. Uniform guardianship, conservatorship, and other protective arrangements act. There are also resources for self help, if you wish to handle probate without consulting an attorney. Those parties then have 30 days to file a petition requesting an accounting of the use of the reserve or a review of the reasonableness of any payments or distributions made from the reserve. Testamentary disposition of nonprobate assets act. If you have an original will (and codicil, if applicable), the commissioner will need to see this document in person. In those cases, it must contain the contact information for each heir, their relationship to the Decedent, and their distributive shares. Even though I hired a Paralegal with a rusty background, your site has guided both of us through this uncertain territory and everything is going very well. The proposed Order is the document signed by the Ex Parte Commissioner, which orders the will admitted to probate,certifies the witness testimony (if there is a will), grants you nonintervention powers, and directs the court clerk to issue you Letters Testamentary. If you are not a resident of Washington State, you will need to designate another person as your agent to receive documents related to the probate. You will need to find a surety company who will issue this fiduciary bond to you. Before closing a probate, it's recommended that you file a Declaration that describes your reasonable diligence in identifying creditors of the decedent. If an eligible party files an Objection to your Declaration of Completion with the Court and serves a copy of it on you within the 30-day notice period, then you will need to set a hearing on the Objection with the Court, send Notice of Hearing to all the interested parties, file an appropriate Response to the Objection, and attend the hearing and make your best case. During the first 40 days after a person dies, the surviving spouse has a right to serve as the Administrator over any portion of the community property. Aside from reviewing the Report, the court will look carefully to ensure that proper notice has been provided. The Petition should contain facts that give the court jurisdiction over the matter, such as who you are, when the decedent died, whether there was a will, whether the estate is solvent, who are the heirs, and what you are asking for. Notice to Creditors (PDF) (Word)Notice of Rejection of Creditors Claim (PDF) (Word)Decl. I. Nonintervention Closing Closing by Order of the Court Similarly, if assets are covered by a living trust document, then they can be passed to heirs without formal probate procedures. See: Your Probate Wont Likely Close Within 12 Months. This includes paying out all claims and distributing any assets and bequeathments. . In such cases, the court has an order it uses to appoint a probate guardian ad litem with limited powers to investigate certain narrow issues. Give us a call to get started. The cause number must be added to the upper right hand corner of the first page after "No." . How Long do you Have to File Probate After Death in Washington? How Much Does an Executor get paid in Washington?
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