Letters Testamentary in Washington
How the Washington probate court issues letters testamentary or letters of administration, and what you need to apply.
Short answer: The superior court of the county handles probate. The court admits the will and issues letters testamentary to the named executor, or appoints an administrator and issues letters of administration if there is no will (or no executor), giving priority to the surviving spouse or registered… RCW 11.28.120; RCW 11.28.185; RCW 11.36.010; RCW 11.68.011
| Letters testamentary | The superior court of the county handles probate. The court admits the will and issues letters testamentary to the named executor, or appoints an administrator and issues letters of administration if there is no will (or no executor), giving priority to the surviving spouse or registered domestic partner, then next of kin and others. Bond is required unless the will waives it, the entire estate passes to a surviving spouse or partner, a bank or trust company serves, or the court waives it. A nonresident may serve after appointing an agent for service. The court may grant 'nonintervention powers,' letting the personal representative administer the estate without further court orders. Washington DOL accepts letters testamentary, letters of administration, or a completed county clerk certificate for vehicle transfers. |
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| Who can be executor | The person named in the will has first claim; otherwise the court appoints, in order: the surviving spouse or registered domestic partner (or their nominee), next of kin (children, parents, siblings, grandchildren, nieces and nephews), certain fiduciaries, beneficiaries, certain state agencies, and principal creditors. Minors, persons of unsound mind, people convicted of a felony or a crime of moral turpitude, and people recently found to have acted dishonestly or breached a fiduciary duty may not serve. A nonresident may serve if they appoint, in a writing filed with the clerk, an agent for service who lives in the county or is the estate's attorney of record. Bond is required unless the will waives it, the entire estate passes to a surviving spouse or partner, a bank or trust company serves, or the court waives it. A nonresident personal representative must also post a court-approved bond unless bond is waived under RCW 11.28.185. |
More Washington estate law
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- Who Inherits If You Die Without a Will in Washington
- How to Make a Valid Will in Washington
- How Probate Works in Washington
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- All Washington wills, probate and estate rules
FAQ
How do I get letters testamentary in Washington?
The superior court of the county handles probate. The court admits the will and issues letters testamentary to the named executor, or appoints an administrator and issues letters of administration if there is no will (or no executor), giving priority to the surviving spouse or registered domestic partner, then next of kin and others. Bond is required unless the will waives it, the entire estate passes to a surviving spouse or partner, a bank or trust company serves, or the court waives it. A nonresident may serve after appointing an agent for service. The court may grant 'nonintervention powers,' letting the personal representative administer the estate without further court orders. Washington DOL accepts letters testamentary, letters of administration, or a completed county clerk certificate for vehicle transfers.
Who can be an executor in Washington?
The person named in the will has first claim; otherwise the court appoints, in order: the surviving spouse or registered domestic partner (or their nominee), next of kin (children, parents, siblings, grandchildren, nieces and nephews), certain fiduciaries, beneficiaries, certain state agencies, and principal creditors. Minors, persons of unsound mind, people convicted of a felony or a crime of moral turpitude, and people recently found to have acted dishonestly or breached a fiduciary duty may not serve. A nonresident may serve if they appoint, in a writing filed with the clerk, an agent for service who lives in the county or is the estate's attorney of record. Bond is required unless the will waives it, the entire estate passes to a surviving spouse or partner, a bank or trust company serves, or the court waives it.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.