Probate & Estate Administration
Probate is the court process that carries out a will, or applies Washington's intestacy rules when there is no will, by appointing someone to gather assets, pay valid debts, and distribute what remains. If you have been named personal representative, or you have lost a family member and don't know where to begin, the Law Office of Chad Foster guides personal representatives and families through probate in King and Snohomish County Superior Courts.
Washington Probate Is Simpler Than Its Reputation
Washington is one of the more probate-friendly states. In most estates, the court grants the personal representative nonintervention powers (Chapter 11.68 RCW), which allow the estate to be administered, assets sold, debts paid, property distributed, without ongoing court supervision after the initial appointment. For a typical solvent estate, probate here is closer to a structured checklist than to the courtroom ordeal people fear.
The Personal Representative's Job
The personal representative is appointed by the court and receives letters testamentary (or letters of administration if there is no will) under Chapter 11.28 RCW. Core duties include:
- Locating the will and filing it with the court
- Notifying heirs and beneficiaries of the appointment (RCW 11.28.237)
- Preparing an inventory of estate assets (Chapter 11.44 RCW)
- Giving notice to creditors and resolving claims
- Filing final tax returns and any Washington estate tax return
- Distributing assets and closing the estate
The personal representative is a fiduciary and can be personally liable for mismanaging the estate, which is why even straightforward estates benefit from counsel at key steps.
Creditor Claims and the Four-Month Bar
One of probate's most valuable features is finality with creditors. By publishing and serving a probate notice to creditors (Chapter 11.40 RCW), the estate generally cuts off creditor claims that are not presented within four months. Without that notice, claims can remain viable for as long as twenty-four months after death (RCW 11.40.051). For estates with any meaningful debt, this alone can justify opening a probate.
Small Estates: Skipping Probate
Not every estate needs probate. Where the estate's personal property is worth $100,000 or less and other conditions are met, a successor can collect assets by small estate affidavit (Chapter 11.62 RCW) beginning forty days after death: no court proceeding at all. Assets with beneficiary designations, joint accounts with survivorship, property in a living trust, and community property covered by a community property agreement also pass outside probate.
Disputes: Will Contests and TEDRA
Most estates settle peacefully; some do not. A will contest generally must be filed within four months after the will is admitted to probate (RCW 11.24.010), on grounds such as lack of capacity or undue influence. Broader disputes, among beneficiaries, against personal representatives or trustees, over ambiguous documents, proceed under the Trust and Estate Dispute Resolution Act (Chapter 11.96A RCW), which favors mediation and negotiated resolution. We represent personal representatives, beneficiaries, and heirs on all sides of these matters.
Our probate services include:
- Opening probate and obtaining nonintervention powers
- Advising personal representatives through administration and closing
- Creditor notice, claim disputes, and insolvent estates
- Small estate affidavits and probate alternatives
- Intestate estates (no will)
- Will contests and TEDRA litigation and mediation
Common Questions
How long does probate take in Washington?
A typical uncontested estate with nonintervention powers takes roughly six months to a year. The four-month creditor claim period sets a practical floor; real property sales, tax filings, or disputes extend the timeline. Contested estates run longer, sometimes much longer, which is one more argument for clear estate planning documents.
What does probate cost?
Washington has no statutory percentage fee for attorneys or personal representatives, a meaningful difference from states where fees are set as a share of the estate. Personal representatives are entitled to reasonable compensation, and attorney fees are based on the work actually required. Filing fees and publication costs are modest. For most estates, the total cost is far lower than the probate horror stories suggest.
Do I have to serve as personal representative if the will names me?
No. Being named is a nomination, not an obligation. You may decline, and the court will appoint an alternate named in the will or another qualified person. If you do serve, you don't have to do it alone; most of our personal representative clients have never done this before.
Can an out-of-state family member serve as personal representative?
Yes. Washington permits nonresident personal representatives, though a nonresident must appoint a Washington resident agent to receive legal papers (RCW 11.36.010). We regularly guide out-of-state personal representatives through Washington probates without them needing to travel here.
Get Started
Estate planning is easiest when it happens before it is urgent. Contact the Law Office of Chad Foster to discuss your situation and put the right documents in place.
Call us at 425.785.8679 or email help@ChadAtLaw.com.