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

Time Periods for Taking Specific Actions in Probate

Personal Property Affidavit

Personal Property Affidavit Valid after 40 days from Decedent’s date of death RCW 11.62.010(1)
10 days notice to be sent to all of Decedent’s other successors RCW 11.62.010(2)(h)

Filing or Probating Decedent’s Will

Person in custody or control of Decedent’s Will Will to be filed with proper Court or delivered to Decedent’s named Personal Representative within 30 days of receipt of knowledge of Decedent’s death RCW 11.20.010
If that person is Decedent’s named Personal Representative Will to be filed with proper Court within 40 days of receipt of knowledge of Decedent’s death RCW 11.20.010
Petition for Probate of Lost Will 20 days notice to all heirs, beneficiaries, and transferees (including a copy of proposed lost Will) RCW 11.20.070(1)

Adjudication Procedure

Notice of Adjudication Notice by certified mail to be sent to all heirs, beneficiaries, & transferees (no required time limit) RCW 11.28.330
File later Will, contest admitted Will, or object to Order of Adjudication Any such action to be taken within 4 months of entry of Order of Adjudication (arguably within 4 months of mailing of Notice of Adjudication) RCW 11.28.340

Traditional Probate with Nonintervention Powers

Petition for Letters Testamentary If filed within 40 days of Decedent’s date of death + estate contains community property, then 10 days (?) notice to be sent to surviving spouse (technically, “as the Court may determine”) RCW 11.28.131
Petition for Letters of Administration (either general or with Will Annexed) 10 days notice to be sent to surviving spouse RCW 11.28.030
Petition for Nonintervention Powers Notice required only if qualification is under “catch all” provision (ie, “not a creditor” & “in best interests”), then 10 days notice in statutorily required form to be sent to all heirs and beneficiaries RCW 11.68.041(3)
Notice of Appointment & Pendency of Probate to Heirs Etc. Notice to all heirs, beneficiaries, and transferees to be sent within 20 days of appointment (including a copy of any admitted Will) RCW 11.28.237(1)
Notice of Appointment & Pendency of Probate to WDSHS If no Probate Notice to Creditors filed & published, then Notice to WDSHS to be sent within 30 days of appointment RCW 11.28.237(2)
Notice of Appointment & Pendency of Probate to WDRev If Decedent engaged in business in Washington, then Notice to WDRev to be sent within 60 days of appointment RCW 11.28.238
IRS Form SS-4 (EIN)
IRS Form 56 (Notice of Appointment)
Inventory & Appraisement Inventory & Appraisement to be completed within 3 months of appointment (but need not be filed) RCW 11.44.015(1)
Receive written request by any heir, beneficiary, transferee, or unpaid creditor for copy of Inventory Copy of Inventory to be sent within 10 days of receipt of written request RCW 11.44.015(2)
Probate Notice to Creditors Probate Notice to Creditors to be filed & then first published within 30 days of appointment (technically, no deadline but Notice of Appointment to WDSHS required within 30 days of appointment unless Creditor’s Notice to WDSHS is sent)
Creditor’s Notice to WDSHS If Probate Notice to Creditors is filed and published, then Creditor’s Notice to WDSHS to be sent within 30 days of appointment
Send Actual Notice to Possible Creditors Copy of Probate Notice to Creditors to be sent by certified mail to each possible creditor within 3 months of its first publication
Petition for Order re Reasonable Review to Ascertain Decedent’s Creditors Notice to all possible creditors & a copy of the notice to be published within 20 days RCW 11.40.040(3) & 11.96A.080
Petition for Order Allowing Creditor’s Claim of Personal Representative 20 days notice to be sent to all heirs & beneficiaries RCW 11.40.140 & 11.96A.080
Creditor’s Claim If actual notice sent to that creditor, then Claim timely presented within later of:

  • 4 months from date of first publication of Probate Notice to Creditors, or
  • 30 days from date of mailing of actual notice to that creditor.

If no actual notice sent to that creditor, then Claim timely presented within:

  • 4 months from date of first publication of Probate Notice to Creditors if creditor was not expected to have been found in a “reasonable review,” or
  • 24 months from Decedent’s date of death if creditor was expected to have been found in a “reasonable review.”
 RCW 11.40.051(1)
Receipt of written notice by creditor to Petition for Order Allowing Creditor’s Claim 20 days to allow or reject claim over $1,000, otherwise creditor authorized to petition Court for allowance & reasonable legal fees RCW 11.40.080(2)
Rejection of Creditor’s Claim not exceeding $1,000 Notice of Rejection by certified mail to be sent to creditor by later of:

  • 6 months from date of first publication of Probate Notice to Creditors, and
  • 2 months from receipt of Creditor’s Claim
 RCW 11.40.090(2)
Rejection of Creditor’s Claim exceeding $1,000 Notice of Rejection by certified mail to be sent to creditor by later of:

  • 4 months from date of first publication of Probate Notice to Creditors, and
  • 30 days from receipt of Creditor’s Claim
 RCW 11.40.080(2)
Creditor’s filing of suit upon rejection of Creditor’s Claim 30 days after date of mailing of Notice of Rejection RCW 11.40.100
Notice of Apparent Estate Insolvency Notice to be filed & sent to all takers and unpaid creditors within 10 days of becoming aware that estate appears to be insolvent RCW 11.68.080(1)
Petition for Determination re Nonintervention Powers Upon Estate Insolvency Petition to be filed within 10 days of becoming aware that estate appears to be insolvent & 20 days notice to be sent to all all takers and unpaid creditors RCW 11.68.080(2) & 11.96A.110
Decedent’s final Income Tax Return (Form 1040) Return to be sent by April 15 of the year following Decedent’s year of death
Estate’s Fiduciary Income Tax Returns (Form 1041) Depends on whether calendar or fiscal year selected
Estate’s Federal Estate Tax Return (Form 706) Return to be sent and any tax due to be paid by 9 months after Decedent’s date of death
Closing of estate Estate to be closed within 12 months of appointment or Status Report filed.  Nonintervention estate remaining open after 12 months entitles any beneficiary (or heir? — statute is silent) who has not received full distribution to petition Court for Status Report under RCW 11.68.065. RCW 11.48.010 & 11.76.010
Petition for Status Report Petition may be filed by qualified taker after anniversary of PR’s appointment & 20 days notice to any heir or beneficiary who has not received full distribution RCW 11.68.065 & 11.96A.110
Notice of Filing of Declaration of Completion Copy of Notice to be sent to any heir or beneficiary who has not received full distribution RCW 11.68.110(3)
Final Distribution Final distribution to be made within 5 business days after 30 days after filing Declaration of Completion of Probate RCW 11.68.110(2) & 11.68.112
Request for Special Notice After filing & serving a Request for Special Notice, party is entitled to 10 days notice by mail or 5 days notice by personal service before hearing on any matter described in RCW 11.28.240.  But see KCLR 98.04(b) requiring 14 day notice on certain matters. RCW 11.28.240