Petition for Probate of Will and for Letters Testamentary (Washington)

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

SUPERIOR COURT OF WASHINGTON, COUNTY OF [COUNTY]

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Basis for Jurisdiction and Venue
5. The Will Offered for Probate
6. Beneficiaries Under the Will and Heirs at Law
7. Appointment, Priority, and Nonintervention Powers
8. Bond / Security
9. Prayer for Relief
10. Verification
11. Notice / Certificate of Service
12. Attachments Checklist

1. CAPTION AND CASE INFORMATION

IN RE: THE ESTATE OF

[DECEDENT FULL LEGAL NAME], also known as [AKA, if any], Deceased.

No.: [____________________________________]

Hearing Date: [__/__/____] Time: [____] Judge/Dept.: [____________]

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Washington [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Petitioner is the personal representative (Executor) named in the Decedent's Will and is willing and qualified to serve (RCW 11.20.020, 11.28.010).
Relationship to Decedent: [RELATIONSHIP]

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died on [__/__/____].

b. The Superior Court has subject-matter jurisdiction over the probate of the Decedent's estate (RCW 11.96A.040).

c. ☐ The Decedent died a resident of Washington; a probate for a Washington resident may be filed in the Superior Court of any county in Washington, and venue is proper in this county (RCW 11.96A.050(3)).

d. ☐ The Decedent was a nonresident who owned property in this county; venue is proper here (RCW 11.96A.050).

e. The Decedent died testate, leaving a Last Will and Testament dated [__/__/____] (and codicil(s) dated [__/__/____], if any), which is on file with or delivered to the Court (RCW 11.20.010).

f. Application for probate of the Will and for letters testamentary is made to the Court, which may immediately hear the proofs and probate the Will as the testimony may justify (RCW 11.20.020(1)).

5. THE WILL OFFERED FOR PROBATE

a. The original Last Will and Testament of the Decedent, dated [__/__/____], accompanies this Petition (or is on file with the Court) and is offered for probate (RCW 11.20.020).

b. Execution and witnesses. The Will was executed in compliance with RCW 11.12.020: it is in writing, signed by the testator (or by some other person under the testator's direction in the testator's presence), and attested by two or more competent witnesses subscribing their names in the presence of the testator at the testator's direction or request. The attesting witnesses are:

c. Proof / self-proving affidavits (RCW 11.20.020(2)):
☐ One or more attesting witnesses have made an affidavit (written on, attached to, or accompanying the Will) stating the facts they would be required to testify to in court; such sworn statement shall be accepted by the Court as if taken before the Court.
☐ Proof of the Will will be made by the testimony of an attesting witness reduced to writing and certified by the judge (RCW 11.20.020(1)).

d. ☐ The Will is lost or destroyed under circumstances not revoking it; Petitioner will prove its execution and provisions by clear, cogent, and convincing evidence (RCW 11.20.070).

e. To the best of Petitioner's knowledge, the instrument offered is the Decedent's last Will, was validly executed, and has not been revoked.

6. BENEFICIARIES UNDER THE WILL AND HEIRS AT LAW

Beneficiaries named in the Will:

Heirs at Law (persons who would take by intestate succession, RCW 11.04.015):

☐ Decedent was survived by a spouse or registered domestic partner: [NAME]. The surviving spouse/partner is entitled to administer the community property, and notice may be required if another person applies for letters within 40 days of death (RCW 11.28.030).

7. APPOINTMENT, PRIORITY, AND NONINTERVENTION POWERS

a. After entry of an order admitting the Will to probate and appointing a personal representative, letters testamentary shall be granted to the person appointed Executor in the Will (RCW 11.28.010). Petitioner is the Executor so named and is willing to act.

b. ☐ The Executor is a minor or absent from the state; letters of administration with the will annexed are sought during such disability unless another named Executor accepts (RCW 11.28.040). ☐ Petitioner is a nonresident and qualifies as provided in RCW 11.36.010.

c. Nonintervention powers (ch. 11.68):
☐ The Will requests that the personal representative be granted nonintervention powers, and the estate is solvent; Petitioner requests an order of solvency and the grant of nonintervention powers to administer the estate without further court intervention (RCW 11.68.011).
☐ Petitioner requests administration with court supervision (no nonintervention powers).

d. Petitioner will take the oath of personal representative before letters are issued (RCW 11.28.170).

8. BOND / SECURITY

a. Bond and security (RCW 11.28.185):
☐ The Will waives bond / provides that the personal representative serve without bond; Petitioner requests appointment without bond as authorized by RCW 11.28.185.
☐ Petitioner is the sole beneficiary, or all beneficiaries/heirs waive bond in writing; bond is not required.
☐ Petitioner will furnish bond or other security in the amount of $[________________].

b. Estimated value of the probate estate: $[________________]

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

a. Adjudge that the Decedent died testate and that the instrument dated [__/__/____] is the Decedent's valid Last Will and Testament;

b. Enter an order admitting the Will (and any codicil) to probate (RCW 11.20.020);

c. Appoint Petitioner as personal representative (Executor) of the estate;

d. ☐ Find the estate solvent and grant nonintervention powers under RCW 11.68.011;

e. Direct issuance of Letters Testamentary to Petitioner upon the taking of the oath (RCW 11.28.010, 11.28.170);

f. ☐ Waive bond ☐ Fix bond/security in the amount of $[________________] (RCW 11.28.185);

g. Grant such other and further relief as the Court deems just and equitable.

10. VERIFICATION

I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. RCW 5.50.050.

Dated: [__/__/____] Place of signing: [CITY], [STATE]

Petitioner Signature: ______________________________________
Printed Name: [PETITIONER FULL LEGAL NAME]

Attorney Signature (if any): ______________________________________
Printed Name: [ATTORNEY NAME]
WSBA No.: [________________]
Address: [________________________________]
Telephone / Email: [________________________________]

11. NOTICE / CERTIFICATE OF SERVICE

Notice of appointment and pendency of probate (RCW 11.28.237): Within 20 days after appointment, the personal representative shall cause written notice of appointment and pendency of probate to be mailed to each heir, legatee, and devisee of the estate, and to each beneficiary entitled to notice, whose names and addresses are known, and shall file proof of mailing (by affidavit) with the court (RCW 11.28.237).

☐ Notice of appointment and pendency of probate mailed to each heir, legatee, and devisee within 20 days after appointment (RCW 11.28.237).
☐ Affidavit/proof of mailing filed with the court.
☐ Notice to the surviving spouse or domestic partner given, if required (RCW 11.28.030).
☐ Notice to the Department of Social and Health Services, if applicable.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]

12. ATTACHMENTS CHECKLIST

☐ Original Last Will and Testament (and any codicil)
☐ Affidavits of attesting witnesses, if self-proving (RCW 11.20.020(2))
☐ Superior Court Case Information Cover Sheet (county form)
☐ Oath of Personal Representative (RCW 11.28.170)
☐ Proposed Order Admitting Will to Probate, Adjudicating Testacy, and Granting Letters (with nonintervention powers, if requested)
☐ Proposed Letters Testamentary (RCW 11.28.090)
☐ Bond, if required (RCW 11.28.185)
☐ Notice of Appointment and Pendency of Probate; Affidavit of Mailing (RCW 11.28.237)
☐ Certified copy of Death Certificate (not required to file; have available)
☐ Filing fee

SOURCES AND REFERENCES

• RCW 11.20.020 (application for probate; hearing; order; affidavits): https://app.leg.wa.gov/rcw/default.aspx?cite=11.20.020
• RCW 11.28.010 (letters to executors): https://app.leg.wa.gov/rcw/default.aspx?cite=11.28.010
• RCW 11.28.170 (oath of personal representative): https://app.leg.wa.gov/rcw/default.aspx?cite=11.28.170
• RCW 11.28.185 (bond; when not required; waiver): https://app.leg.wa.gov/rcw/default.aspx?cite=11.28.185
• RCW 11.28.237 (notice of appointment and pendency of probate): https://app.leg.wa.gov/rcw/default.aspx?cite=11.28.237
• RCW 11.68.011 (nonintervention powers): https://app.leg.wa.gov/rcw/default.aspx?cite=11.68.011
• RCW 11.96A.050 (venue): https://app.leg.wa.gov/rcw/default.aspx?cite=11.96A.050
• Washington Courts — probate forms and self-help: https://www.courts.wa.gov/forms/