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

Sending Notice of Hearing to Decedent’s Surviving Spouse

Problem: If Decedent is survived by a spouse, you may be required to send Notice of your Petition for Letters to him/her:

Petition for Letters of Administration

If you are petitioning for Letters of Administration, you will need to set a hearing, send Notice of Hearing to Decedent’s surviving spouse, and file a Notice of Hearing & Declaration of Mailing.  See: RCW 11.28.131  To do so:

  • 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 days into the future.
  • Complete a Notice of Hearing to Surviving Spouse re Petition for Letters of Administration &
    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 Decedent’s surviving spouse.
  • 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.
  • Complete an Order Granting Letters of Administration & Nonintervention Powers form.
  • 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.

Petition for Letters Testamentary

If you are petitioning for Letters Testamentary and you are unwilling to wait until 40 days after Decedent’s death to file your Petition, you will need to set a hearing, send Notice of Hearing to Decedent’s surviving spouse, and file a Notice of Hearing & Declaration of Mailing.  See: RCW 11.28.030  To do so:

  • Determine:
    • When probate petitions are heard at your Courthouse, and
    • The pertinent notice period required at your Courthouse (the statute does not state an objective period — only “for such time and in such manner as the court may determine”).
  • Select a suitable date and time for the hearing on your Petition, making sure that your proposed hearing date is at least the specified number of days into the future.

  • Complete a Notice of Hearing to Surviving Spouse re Petition for Probate of Will,
    Letters Testamentary, & 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 Decedent’s surviving spouse.

    Timing:  At least the specified number of days before the hearing as your Courthouse requires.

  • 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.