Probate Instructions

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The forms and instructions provided here are intended to be used for a simple probate with no complications. There are numerous issues that could arise that would make these instructions inapplicable in whole or in part. If any of the following apply in your situation, then these forms and instructions may need to be modified and you should seek the advice of a qualified probate attorney.

1. There are competing Wills or the original cannot be located
2. The Will is not witnessed, or there is no self-proving affidavit
3. There are disputes about the validity of the Will
4. The Will contains a trust
5. The Will attempts to dispose of the spouse’s share of community property
6. There are heirs who are minors and are not the children of the surviving spouse
7. The PR/Administrator lives outside of WA, predeceased decedent, or elects not to serve
8. The commissioner does not grant nonintervention powers
9. The Administrator is unable to obtain a bond
10. The decedent owed money to the PR/Administrator
11. An heir contests the Will or objects to the PR/Administrator’s appointment
12. The decedent is legally separated from their spouse, but not divorced
13. The decedent was in a committed intimate relationship or owned property jointly with others
14. There are disputes about who are the legal heirs (ie, questions about valid adoption)
15. A child or spouse was omitted from the Will
16. The decedent is owed money from others
17. The decedent has outstanding claims/lawsuits pending against him/her
18. The decedent owned real property outside Washington
19. The decedent left firearms to heirs
20. The decedent’s property was held in trust
21. Decedent owned and ran a business
22. The decedent has significant digital assets
23. Real property of decedent is in foreclosure
24. An heir had a bankruptcy discharge within the last 6 months
25. There are claims from DSHS (ie, for medicaid recovery)
26. There are claims from the IRS (ie, for back taxes)
27. There are title issues or boundary disputes on the real property
28. Someone needs to be evicted from a property of decedent
29. The Estate assets are not worth enough to cover the claims that have been received
30. Decedent’s debts would necessitate selling family home to the detriment of a spouse or minor children
31. The value of the total taxable estate (including nonprobate assets) exceeds $2,193,000 (for 2021)
32. The PR/Administrator passes away during administration of the estate
33. Someone has absconded with estate assets
34. Heirs cannot be located
35. The decedent was murdered or financially abused by an heir