Petitioning for Nonintervention Powers After Your Appointment

1. Without Notice of Hearing
2. By Consent
3. Through a Noticed Hearing

You may find yourself in the situation where you believe it would be best for you or circumstances force you:

• First, to be appointed as Decedent’s Personal Representative, and
• Later, to obtain Nonintervention Powers.

If so, and assuming that the estate is solvent (an absolute requirement for obtaining Nonintervention Powers), here is how you might obtain them, in increasing order of complexity:

Without Notice of Hearing

Determine if you qualify for Nonintervention Powers without having to send Notice of Hearing — namely whether you fall into either of the following two categories (See RCW 11.68.011(2)(a) and (b)):

1. The combined probate and nonprobate estate is solvent, and
2. of the following two situations is true:
   1. Decedent died testate, and Decedent’s Will names you as Decedent’s Personal Representative; or
   2. Decedent died intestate, and:
      1. Decedent’s surviving spouse, and
      2. Decedent’s estate consists only of community property, and
      3. At the time of filing the Petition, all of any then living children (or lower issue) of Decedent were also your children (or lower issue).

If so, then:

• Complete a Petition for Nonintervention Powers (Without Notice) form.
• Complete an Order Granting Nonintervention Powers form.
• “Walk them through the Court.”

By Consent

If you can’t qualify as above, then so long as:

• The combined estate is solvent, and
• You were not a creditor of Decedent at his/her death, …

you may yet qualify for Nonintervention Powers without having to send Notice of Hearing (See RCW 11.68.011(2)(c) and 11.68.041(2)(a)):

• Complete a Petition for Nonintervention Powers (With Notice) form.
• Complete a Consent to Grant of Nonintervention Powers & Waiver of Noticeform for each Heir, Beneficiary, and person from whom you have received a Request for Special Notice under RCW 11.28.240.  Obtain all of the respective signatures.
• Complete an Order Granting Nonintervention Powers form.
• “Walk them through the Court.”

Through a Noticed Hearing

If you can’t qualify as above, then so long as:

• The combined estate is solvent, and
• You were not a creditor of Decedent at his/her death, …

you should still be able to obtain Nonintervention Powers, but you will need to set a hearing, send notice of the hearing, and file a Notice of Hearing & Declaration of Mailing.  See RCW 11.68.041(2)  To do so:

• Complete a Petition for Nonintervention Powers (With Notice) form.
• 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 (+3) days into the future.
• Complete a Notice of Hearing on Petition for 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 each person entitled to notice:
  • Decedent’s heirs,
  • Decedent’s beneficiaries, and
  • Anyone from whom you have received a Request for Special Notice under RCW 11.28.240.

Who Is Entitled to Notice of Your Petition for Nonintervention Powers?

Timing:  At least 10 days (+3 more days for giving notice by mail; total = 13 days) before the hearing.

• At Court, file and obtain a conformed copy of your:
  • Petition and
  • Notice of Hearing & Declaration of Mailing.

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 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.