How Do I Close a Probate Case?

Opening a probate gets most of the attention, but closing one is what actually releases the personal representative from the job. In Washington, how you close depends on whether the estate was granted nonintervention powers or is being supervised by the court.

Closing Is a Formal Step, Not Just Finishing the Work

Many personal representatives assume that once they have paid the bills and handed out the assets, the probate is simply over. It is not, at least not on paper. The estate stays open, and the personal representative stays on the hook, until the case is formally closed through the process the law requires. Closing is what confirms that the administration was completed properly, approves the fees, and discharges the personal representative and any bond. Until that happens, the responsibilities and potential exposure continue.

For most Snohomish County estates, which proceed with nonintervention powers, closing is handled by the personal representative filing a document rather than by asking the court for a hearing. Supervised estates close differently, through a court decree. Understanding which route applies to your case tells you what you need to do to finish.

Closing a Nonintervention Estate: The Declaration of Completion

When the court has granted a personal representative nonintervention powers, the estate can usually be closed without a court hearing by filing a declaration of completion of probate. This process is set out in RCW 11.68.110. Once the administration of the estate has been completed, and if the personal representative is not seeking one of the court decrees available under the supervised process, the personal representative files a declaration that states specific facts.

Those required contents include the date of the decedent's death and their residence at the time, whether the decedent died with or without a will and, if there was a will, the relevant dates, and a statement that each properly presented creditor claim has been paid or otherwise resolved and that estate taxes have been determined and paid or provided for. The declaration must also state that the administration is complete and the estate is ready to be settled and distributed. If the decedent died intestate, it must list the heirs, their addresses if known, their relationships, and each one's distributive share. Finally, it must disclose the fees paid or to be paid to the personal representative, the lawyers, appraisers, and accountants, along with a statement that the personal representative believes those fees are reasonable and does not intend to seek separate court approval of them.

Notice and the Thirty-Day Window

Filing the declaration is not the end by itself. Within five days of filing, the personal representative or their lawyer must mail a copy of the declaration, along with a specific statutory notice, to each interested party who has not waived notice and who either has not yet received their full distribution or has a property right that could be adversely affected by the discharge. The notice tells those parties that they have thirty days to petition the court if they want to enforce their rights, challenge the reasonableness of the fees, or compel the personal representative to close the estate through the supervised route instead.

If that thirty-day window passes and no one petitions, the statute gives the filing real legal force. The declaration becomes the legal equivalent of a decree of distribution entered under chapter 11.76 RCW, the fees are deemed reasonable and approved, the acts of the personal representative are approved, the personal representative and any bond are discharged, and the estate is determined to have been properly and fully distributed and settled. If all interested parties instead sign written waivers of notice, the personal representative is discharged and the declaration takes effect as a decree of distribution on the date it is filed, without waiting out the thirty days.

This is a clean and efficient way to close, which is exactly why nonintervention powers are so widely used. But the details matter. The declaration has to contain the required statements, the notice has to go out within five days, and the waiting period has to be respected. Missing a step can undercut the discharge the personal representative is counting on.

Closing a Supervised Estate: The Decree of Distribution

Not every estate closes by declaration. When an estate is supervised by the court, closing happens through a court-entered decree of distribution rather than a document the personal representative files on their own authority. The rules governing distribution and the decree of distribution are found in chapter 11.76 RCW. In a supervised administration, the personal representative typically presents a final report and accounting, and the court reviews it and enters a decree directing how the remaining assets are distributed and, in effect, approving the administration.

A supervised closing takes more time and usually more expense because it runs through the court, but it also produces a court order that can be valuable when an estate is contested or complex. The decree gives everyone a clear, judicially approved endpoint.

Finishing the Right Way

Whether your estate closes by declaration of completion under the nonintervention process or by a decree of distribution in a supervised administration, the goal is the same: a clean, documented end that discharges the personal representative and gives the beneficiaries certainty that the estate is settled. Closing incorrectly can leave the case hanging and the personal representative exposed long after they thought the work was done.

If you are a personal representative in Snohomish County ready to close an estate and want to be sure you file the right documents, give the right notices, and get properly discharged, the Law Office of Chad Foster can guide you through the closing process. Contact us to bring your probate to a proper conclusion.