In many cases, the personal representative may wish to waive compensation altogether. If this is possible, then complete as many Receipt & Waiver by Heir or Beneficiary forms as there are Heirs and Beneficiaries and have each Heir or Beneficiary sign and deliver a copy of this form to you in receipt of his/her distribution. Fees, collection by superior court clerk: RCW 27.24.070, 36.18.020. endstream endobj 109 0 obj <>stream Declaration Regarding Reasonable Search for Creditors (PDF) (Word). 103 0 obj <> endobj For example, if the decedent lived in Renton at the time of death, you would select "Kent." It works equally as well for any Washington State property owner, whether a U.S. Citizen, U.S. Tax Resident, or Canadian Non-U.S. Resident. The answer is yes, in Washington a personal representative can be fairly compensated for the work of settling an estate in probate. . The Whipple Law Group, PLLC is not liable for the use or interpretation of information contained on this site, and expressly disclaim all liability for any actions you take or do not take, based on this sites content. With this designation, the accountssuch as savings accounts and investment accountsare paid to the named beneficiaries upon death. Donation of human remains for medical purposes: Chapter 68.64 RCW. Uniform adult guardianship and protective proceedings jurisdiction act. If these disputes occur, then probate must occur formally, under the supervision and direction of a Washington state court judge. Distribute little or no property during administration, Avoid putting yourself in the awkward position of not obtaining all the necessary. If you have an original will (and codicil, if applicable), the commissioner will need to see this document in person. Office of Financial Recovery Washington Department of Social and Health Services PO Box 9501 Olympia, WA 98507-9501 Timing: After 40 days following Decedent's death, and if there are any other Successors, after 10 days following notice to them of your claim. However, the King County Clerk expects most probates to be concluded within a year, and if yours isnt, the Clerk wants you to file a Statement of Case Status (PDF) (Word) explaining why it isnt closed. The personal representative will use the normal process described above for the filing and mailing of the Declaration of Completion and the Notice of Filing of the Declaration of Completion, but will hold back up to $3,000 as a reserve. of Mailing of Notice of Rejection of Creditors Claim (PDF)(Word)Notice of Appointment and Pendency of Probate(PDF)(Word)Declaration of Mailing of Notice of Appointment (PDF) (Word)Declaration of Mailing of Notice of Appointment to DSHS (PDF) (Word)Declaration Regarding Reasonable Search for Creditors (PDF)(Word). Do all Estates Have to Go Through Probate in Washington? If all of them sign a properly drafted Receipt, in which they acknowledge receiving their full inheritance and waiving their right to notice of the filing of the Declaration of Completion, then the personal representative need not send the parties the Declaration of Completion or the Notice of Filing of the Declaration of Completion. Specifically, the statute requires (1) the Report to be mailed to each heir, legatee, devisee and distributee at least 20 days prior to the hearing and (2) a notice be published at least 20 days prior to the hearing in a legal publication in the county where the Report is being heard. The second way of making distributions is by mailing the Declaration of Completion and the Notice of Filing of the Declaration of Completion to all of the heirs and beneficiaries who have not signed a Receipt. You should fill in the "Case Caption" line with the name of the estate (e.g. If your probate case does not pay, then you owe us nothing. ", Ex Parte Notice of Court Date. If this second simple probate method is available, then the personal representative controls the settling of the estate. Compare RCW 11.68.100(1)(a) & (b). Currently, the King County Clerk will provide you a document called a Notice Re Probate Case when you file a new probate. We found the people at the King County courthouse in Seattle very helpful, too. The Revised Code of Washington is your best primary source for researching probate laws, deadlines and procedures. Which route to take depends on a number of factors, including the intervention status of the probate, the number of heirs, and whether it is a contentious probate. But when you are grieving the death of a loved one, the last thing you want to deal with is a lengthy, complicated and potentially costly probate. Probate is a process by which a court supervises the transfer of title to property from the estate of a decedent, or person who died, to the beneficiaries of that estate. Designation of Resident Agent(PDF) (Word). The Declaration of Completion should also state how much and whether the personal representative intends to hold back any funds to pay any taxes, interest or penalties and the costs and expenses related to determining those payments. It can also be quite costly, so the more simplified the probate procedure can be, the better for the personal representative and all parties involved. The King County Court, however, also prefers that the Report contain the following: (1) a discussion of the jurisdictional issues, such as the date of death and residency of the decedent; (2) a description of the commencement of the probate; (3) a statement of the notices that have been provided; (4) an inventory and appraisement of the estate that was required by RCW 11.44.015; (5) a statement regarding the payment of taxes; (6) a statement of the claims that were filed, allowed and disallowed; (7) a detailed accounting and accounting summary; and (8) the fees paid to the PR/administrator, attorneys, accountants, and appraisers. Viewing this site, using information from it, or communicating with the Whipple Law Group, PLLC, after viewing this site does not create an attorney-client relationship between you and the Whipple Law Group, PLLC. The majority of estates are settled under the terms of a written will. Similarly, if assets are covered by a living trust document, then they can be passed to heirs without formal probate procedures.
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