June 11, 2026, Probate Update #1
The legislature updated the probate statute for probates of estates where the decedent did not have a will. One change is to the petition for Letters of Administration. Previously, the petitioner only needed to recite that the assets of the estate will exceed the debts of the estate and that the estate will remain solvent during the probate.
The new change to RCW 11.28.110 requires the petitioner to state additional information including:
- The basis for the petitioner’s knowledge that the decedent died without a will.
- Details regarding the petitioner’s search for heirs-at-law.
- A general description of the assets of the estate and values of assets over $10,000.00. This is not required if the petitioner is a surviving spouse or next of kin.
- That the petitioner is entitled to act as administrator under RCW 11.28.010 and not disqualified under RCW 11.36.010.
These changes require a petitioner to have more knowledge of the deceased’s family tree and assets, which should increase the information provided to the court and reduce the number of unrelated people who open probates for profit.
Two additional notices are now required after Letters of Administration are granted by the court. First, the Administrator must mail and file a Declaration and Report of Personal Representative, Confirming Notice to Third Parties. RCW 11.76.010(1) contains the form of the notice. It must disclose the names and addresses of heirs, devisees, legatees, beneficiaries and transferees of the estate that were given notice. It must describe the details of the search for such parties and disclose the date and manner of the notice to each.
The second new notice is the Declaration and Report of Personal Representative Regarding Estate Financial Account. RCW 11.76.010(2) has the form of this notice. The notice must be filed with the court within 30 days of the estate opening any financial account that will be used to pay sums on behalf of the estate.
Both notices are meant to increase transparency in probate matters and give interested parties more information about the assets and heirs of the estate.
To learn more please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.