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Step-by-Step Instructions Free Probate Forms |
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WA-Probate > Probate Instructions > Probate for Dummies > Opening the Simple Estate
1. Filing a Case Cover Sheet ñ
Select, complete, and sign the appropriate form from among the following three alternatives:
King County:
Pierce County:
Snohomish or other County:
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Case Type 3-6 Cover Sheet form (download the "Cover Sheet" & scroll down the pages to find the 3-6 form). |
If Decedent died TESTATE, file Decedent's Will when you file for probate.
Complete and sign a:
If TESTATE:
If INTESTATE:
4. Drafting a Proposed Court Order ñ
Download an:
If TESTATE:
If INTESTATE:
Add the Header (ie, complete the top half of the first page: county and Decedent's name) and your contact information on the footer to the Order and sign it.
5. Filing an Oath of Personal Representative ñ
Complete the Header for an:
If TESTATE:
If INTESTATE:
Take it to a Notary, sign it in front of the notary, and have the notary "notarize" your signature.
Side-bar: Notary at King County Courthouse and Kent Regional Justice Center.
6. Filing a Probate Notice to Creditors ñ
Complete and sign a
Choose a legal newspaper in the county of Decedent's residence at death to publish your Probate Notice to Creditors and coordinate with them the date that it will be first published. See: Legal Newspapers & Costs of Publication. Add that date to the line stating "Date of First Publication of this Notice." Ignore for the moment the line stating "Decedent's Social Security Number."
6. Telephoning the Probate Clerk ñ
Telephone the County Clerk in the county where your probate will be filed (Telephone Numbers) and ask to speak to the probate clerk:
Determine the days and times when the Court is available to hear probate Petitions for Letters.
Determine if there are any requirements specific
to your county or other requirements that it would be helpful for you to
know before going to Court. For example:
Complete any of the foregoing requirements that may be applicable to you.
You have now completed the steps required to prepare to go to Court to open a typical simple probate estate.
B. Going to Court ñ
See in general: Washington Probate Court Practice
And in particular:
By completing the instructions shown above, you will have completed the steps required to obtain your Letters for a typical simple probate estate.
C. Giving Notice of Your Appointment ñ
If TESTATE:
Complete and sign a
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Notice of Appointment of Personal Representative
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Attach to your
Notice of Appointment a copy of Decedent's Will and make sufficient copies of
that combined document (Notice + Will).
Mail a copy of that combined document to each of the persons and at the
addresses listed in
Paragraph 4 of your Petition for Probate.
File that combined document (original Notice
+ copy of Will) with the Court (submitting a copy of that
combined document for conformation and return to you).
Timing: Within 20 days of your appointment.
If INTESTATE:
Complete and sign a
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Notice of Appointment of Personal Representative
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Mail a copy of your Notice of Appointment to each of the persons and at the
addresses listed in
Paragraph 4 of your Petition for Letters of Administration.
File your Notice of Appointment with the Court (submitting a copy of
it for conformation and return to you).
Timing: Within 20 days of your appointment.
2. To Washington Department of Social & Health Services ("WDSHS")
After your Probate Notice to Creditors is first published (See: Publishing a Probate Notice to Creditors):
Make a copy of your filed Probate Notice
to Creditors.
Add to that copy:
The date of first publication of your Probate
Notice to Creditors &
Decedent's Social Security Number.
Download a:
Complete and sign the Declaration
form and make two copies of it.
File its original with the Court (with a copy for conformation and return
to you).
To the other copy of the Declaration, attach the copy of your Probate Notice to Creditors (with the date of first publication and Decedent's SSN) and mail that combined document (copy of Declaration + copy of Notice to Creditors) to the WDSHS at the address shown on the form. (It would be good practice to make and keep in your files a copy of the copy sent to WDSHS, as evidence that you complied with the WDSHS notice requirements.)
Timing: Within 30 days of your appointment.
3. To Internal Revenue Service ("IRS") ñ
Download and print for your files the following IRS Publications and Forms:
You may obtain an Employer Identification Number --- EIN --- immediately by submiting a Form SS-4 by either:
Internet or
Telephone:
Complete and sign the Form SS-4 as if you were
going to mail it.
Telephone 866 816-2065 between 7:30 AM and
5:30 PM Eastern Time (the IRS facility is in Philadelphia).
The IRS representative will take your information and assign you an EIN and may request that you mail the original of your completed and signed Form SS-4 within 24 hours to an address that they will specify.
Now that you have your EIN:
Complete and sign
the Form 56 (to register the estate with the IRS), and
Mail its original to:
Internal Revenue Service
Fresno, CA 93888-0002
You have now completed the steps required to open a typical simple probate estate.