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If there is no will, then someone will need to petition the court for letters of administration and nonintervention powers in order to begin administering the estate. The terms personal represen- tative and administrator are indicative of whether there was a will, but their functions are basically the same.
Under Washington probate law, any person who has the deceased person's will must turn it over either to the probate court or to the personal representative within 30 days of finding out about the death. And if the personal representative has the will, they have 40 days to turn it over to the Washington probate court.
Sometimes a person dies intestate—which means without a will. Someone will then need to file a petition with the court to be appointed as the estate's executor, usually a family member. It's never too late to file for probate in Washington State, but the sooner you file the better.
On average, probate in Washington typically takes six to nine months, but complex estates can take longer. The probate process begins when the court issues “letters testamentary” to the executor or personal representative, allowing them to manage the estate.
Executors are required to keep beneficiaries reasonably informed about the status of estate administration — a duty which generally includes accounting. For this reason, if an executor is doing their job, it usually won't be necessary for beneficiaries to request an estate accounting.
Probate is not mandatory in Washington State, but in the majority of cases it is beneficial to file for probate, even if you do not need to. This is because complex estate issues arise frequently, and most people are not equipped to handle them without the assistance that probate provides.
Becoming a Personal Representative to a Washington Estate Along with filing the Petition for Probate of Will, you will need to petition for Letters Testamentary and Nonintervention Powers, the legal documents that grant you the power to act on behalf of the estate.
Application for letters of administration, or, application for an adjudication of intestacy and heirship without the issuance of letters of administration shall be made by petition in writing, signed and verified by the applicant or his or her attorney, and filed with the court, which petition shall set forth the facts ...