What Notices Must Be Given in Probate?

Probate is not a private matter that a personal representative handles quietly. Washington law requires specific written notices to specific people, and skipping them can stall the estate or expose the personal representative to liability. The Law Office of Chad Foster helps Snohomish County clients with probate and estate administration.

Why Notice Matters in Probate

When someone is appointed to administer an estate in Snohomish County, part of the job is making sure the right people learn that the probate is happening. The law builds in notice requirements so that heirs, beneficiaries, and creditors get a fair chance to protect their interests. An heir who does not know the estate is being administered cannot raise a concern, and a creditor who is never notified cannot present a claim within the deadline. Notice is how the process stays open and accountable, and it is one of the first sets of tasks a personal representative should calendar after appointment.

Two categories of notice do most of the work in a typical probate: notice to the people who stand to inherit, and notice to the people the decedent may have owed money. Each is governed by its own statute, and each has its own timing and proof requirements. For related guidance, see What Is Probate in Washington.

Notice of Appointment and Pendency to Heirs and Beneficiaries

The first notice tells the family and beneficiaries that the personal representative has been appointed and that the probate is underway. Under RCW 11.28.237, within twenty days after appointment the personal representative must cause written notice of the appointment and the pendency of the probate proceedings to be served, personally or by mail, on each heir, legatee, and devisee of the estate whose name and address are known. The same notice must go to each beneficiary or transferee of a nonprobate asset of the decedent, such as certain accounts or property that pass outside the will. For related guidance, see Can Probate Be Avoided.

The statute does not treat this as optional or informal. The personal representative has to prove the notice was given by filing an affidavit of mailing or service in the court file. If a trust is a beneficiary of the estate or a nonprobate asset, notice to the trustee is enough. The statute also requires that, if the personal representative is not otherwise giving notice to creditors within thirty days after appointment, written notice of the appointment and pendency be mailed to the Washington Department of Social and Health Services office of financial recovery, again with proof filed by affidavit.

The twenty-day clock is short, which is why organized personal representatives gather names and addresses early. Getting this notice out on time and documenting it properly keeps the administration on solid footing from the start.

Notice to Creditors

The second major notice is directed at the decedent's creditors. A personal representative may give notice to creditors announcing the appointment and requiring anyone with a claim against the decedent to present it within the statutory time or be forever barred. This notice, and the manner of giving it, is governed by RCW 11.40.020.

That statute lays out a specific method. The personal representative files the notice with the court and causes it to be published once each week for three successive weeks in a legal newspaper in the county where the estate is being administered. The personal representative may also give actual notice to creditors who become known, by serving or mailing the notice to the creditor's last known address. A copy of the notice, including the decedent's Social Security number, must also be mailed to the Department of Social and Health Services office of financial recovery. As with the notice to heirs, the personal representative files proof by affidavit that the notice was given and published.

There is a practical reason to give creditor notice even though the statute frames it as something the personal representative "may" do. Publishing the notice starts a limited claim period. Creditors who do not come forward in time are cut off, which brings finality to the estate. If the personal representative never publishes notice, the claim window stays open much longer, and the estate can remain exposed to claims well after distribution.

Putting the Notices Together

A well-run probate usually involves getting the notice of appointment and pendency to heirs and beneficiaries within the first twenty days, then publishing and filing the creditor notice, and carefully documenting each step with an affidavit filed in the court record. Those affidavits are not busywork. They are the evidence that the personal representative did the job correctly, and they matter if anyone later questions the administration.

If you have been named a personal representative and want to be sure the required notices go out correctly and on time, or you are an heir who is unsure whether you should have received notice of a probate in Snohomish County, the Law Office of Chad Foster can help you understand your obligations and your rights. Contact us to talk it through.