What Is the Difference Between Probate and Administration?

People often use the words probate and administration as if they mean the same thing, and in casual conversation that is close enough. In Washington law, though, the difference comes down to one question: did the decedent leave a valid will?

For related help, see Washington family-law guidance, a related guide, and another helpful resource.

Two Names for Two Situations

When a person dies, their estate has to be gathered, their debts paid, and what remains passed on to the right people. That overall court-supervised process gets loosely called probate. But whether the estate travels the "probate" path or the "administration" path depends on whether there is a will to follow. This is not just a naming convention. It changes who the court appoints, what authority they carry, and how the assets ultimately get distributed. Families in Snohomish County dealing with a loved one's estate benefit from understanding which track they are on, because it shapes nearly every step that follows.

The person the court puts in charge is called the personal representative in both situations under Washington's modern terminology. Older language distinguished between an executor, when there was a will, and an administrator, when there was not. That distinction still helps explain the two paths.

When There Is a Will: Probate and the Executor

If the decedent left a valid will, the estate goes through probate in the traditional sense. Someone, usually the person named in the will, applies to the court to have the will admitted, or "probated," and to receive letters testamentary, the document that gives them legal authority to act. Under RCW 11.20.020, the court hears the proofs offered in support of the will and enters a formal order either establishing and probating the will or refusing to do so, based on what the testimony justifies. Once the court admits the will, that order is conclusive except in a will contest.

The will controls two important things. First, it usually names the executor, the person the decedent chose to carry out their wishes, and the court will honor that choice as long as the person is qualified to serve. Second, it directs how the estate is to be distributed. The executor's core job is to follow the will: gather the assets, satisfy the estate's obligations, and then distribute what remains to the beneficiaries the will names, in the shares it specifies. Because the decedent left instructions, the court is largely enforcing a plan the decedent already made.

When There Is No Will: Administration and the Administrator

If the decedent left no valid will, there is no document to admit and no named executor to appoint. The estate is instead administered under the state's intestacy rules. The court still appoints a personal representative, historically called an administrator, but because the decedent gave no instructions, the law has to decide both who gets appointed and who inherits.

For appointment, Washington uses a fixed order of priority set out in RCW 11.28.120. Administration is granted to one or more of a listed group in order: first the surviving spouse or state registered domestic partner, or a person that spouse or partner requests; then the next of kin in a defined sequence of children, parents, siblings, grandchildren, and nieces or nephews; and then other categories, including certain fiduciaries, beneficiaries, and creditors. The statute also provides that if those entitled fail to petition within forty days of the death, the court may appoint a suitable person to administer the estate. In short, when the decedent did not choose, the statute chooses for them.

For distribution, the estate passes according to Washington's descent and distribution statute, RCW 11.04.015, rather than any personal wishes. That statute gives the surviving spouse or domestic partner all of the community property and a defined share of the separate property, with the balance passing down a set line of relatives, first to issue, then to parents, then to siblings and their issue, and onward. The administrator does not have discretion to divide the estate differently. The law's formula governs.

Why the Difference Matters

The practical takeaway is that a will gives the decedent control, and its absence hands that control to the statute. With a will, the decedent names who serves and who inherits. Without one, the court applies the priority rules for appointment and the intestacy rules for distribution, and the outcome may look quite different from what the decedent would have chosen. That is one of the clearest reasons to make a will while you can.

Both paths also share a great deal. In each, the personal representative gathers assets, gives required notices, pays valid debts and expenses, and only then distributes what remains. The difference is the source of the instructions: a will in one case, the statute in the other.

If you are trying to figure out whether a loved one's estate in Snohomish County will proceed as a will-based probate or an intestate administration, or you want to make a will so your own estate follows your wishes rather than a formula, the Law Office of Chad Foster can help you understand the difference and plan accordingly. Reach out to start the conversation.