The Washington Petition for Probate of Lost Will, Letters of Testamentary, & Nonintervention Powers is a legal document used to allow the probate court to grant an estate’s personal representative the authority to administer the deceased’s estate. This document is used in the case of a lost will or when a person dies without making a will. The petition must be filed in the county where the deceased resided at the time of death. The petition includes various provisions allowing the court to appoint a personal representative, issue letters of testamentary, and grant nonintervention powers. Depending on the county, the petition may also be used to request a warship determination or a determination of descent. The Washington Petition for Probate of Lost Will, Letters of Testamentary, & Nonintervention Powers is divided into two types: an uncontested petition and a contested petition. An uncontested petition is used when all interested parties agree on the proposed personal representative, and sign a Consent to Appointment or Waiver of Notice. A contested petition is used when all interested parties do not agree on the proposed personal representative, and the court must make a decision on whom to appoint. The petitioner must include the following information in the petition: the deceased’s name, date of death, and county of residence; the names and addresses of all interested persons; the estimated value of the estate; and a description of the property to be probated. The petition must also include a proposed personal representative, and either a Consent to Appointment or Waiver of Notice. Once the petition is filed, the court will issue an Order of Probate and Letters of Testamentary, and grant nonintervention powers to the appointed personal representative. The personal representative can then take the necessary steps to administer the estate.
Washington Petition for Probate of Lost will, letters of Testamentary, & Nonintervention Powers
Description
Definition and meaning
The Washington Petition for Probate of Lost Will, Letters Testamentary, & Nonintervention Powers is a legal document filed in probate court. This petition is used when an individual, known as the petitioner, believes that the original will of a deceased person (the decedent) has been lost but seeks to have a copy of that will accepted as valid. The petition additionally requests the court to grant Letters Testamentary, which authorize the petitioner to manage the estate of the decedent without court intervention in most matters.
How to complete a form
Filing the petition involves several steps:
- Fill in the decedent's name and date of death.
- Provide the county of residence at the time of death.
- Include details about the lost will, including names of subscribing witnesses and attach the affidavit providing proof of the will's validity.
- List the heirs, including their names, addresses, relationships to the decedent, and their ages if under 18.
- Complete the section confirming the estate’s solvency and estimated value of the liabilities.
Once completed, sign and date the form before submitting it to the court.
Key components of the form
This petition includes several essential components:
- Decedent Information: Details about the deceased, including their date of death and county of residence.
- Lost Will Information: Information regarding the will, including witnesses and evidence of its validity.
- Personal Representative: Identification of the petitioner as the person named to act on behalf of the estate.
- Heirs and Beneficiaries: A comprehensive list of all individuals entitled to inherit from the estate.
- Estate Solvency: A statement confirming that the estate's assets exceed its liabilities.
Who should use this form
This form is intended for individuals who are the named personal representative in a lost will situation and need to establish that will in probate court. It's also relevant for those who are heirs or beneficiaries of a decedent's estate and need to initiate probate proceedings when the original will cannot be found.
State-specific requirements
In Washington, specific statutes govern the probate process, including those related to lost wills. According to RCW 11.20.020, the court may allow a copy of the lost will if there is sufficient evidence supporting its validity. It is essential to adhere to local court rules regarding filing procedures and notification requirements for interested parties.
What documents you may need alongside this one
When filing the Washington Petition for Probate of Lost Will, you may need to include the following documents:
- A copy of the lost will.
- Affidavits from witnesses to the will's execution.
- Declarations supporting the claim of the will being lost.
- Any previous probate court orders concerning the decedent.
How to fill out Washington Petition For Probate Of Lost Will, Letters Of Testamentary, & Nonintervention Powers?
How much time and resources do you usually spend on composing formal paperwork? There’s a greater way to get such forms than hiring legal experts or wasting hours searching the web for an appropriate blank. US Legal Forms is the leading online library that offers professionally drafted and verified state-specific legal documents for any purpose, like the Washington Petition for Probate of Lost will, letters of Testamentary, & Nonintervention Powers.
To obtain and prepare an appropriate Washington Petition for Probate of Lost will, letters of Testamentary, & Nonintervention Powers blank, follow these easy steps:
- Examine the form content to make sure it meets your state regulations. To do so, check the form description or take advantage of the Preview option.
- In case your legal template doesn’t meet your needs, locate another one using the search tab at the top of the page.
- If you already have an account with us, log in and download the Washington Petition for Probate of Lost will, letters of Testamentary, & Nonintervention Powers. If not, proceed to the next steps.
- Click Buy now once you find the right document. Opt for the subscription plan that suits you best to access our library’s full opportunities.
- Register for an account and pay for your subscription. You can make a payment with your credit card or via PayPal - our service is absolutely secure for that.
- Download your Washington Petition for Probate of Lost will, letters of Testamentary, & Nonintervention Powers on your device and fill it out on a printed-out hard copy or electronically.
Another advantage of our service is that you can access previously acquired documents that you securely keep in your profile in the My Forms tab. Pick them up anytime and re-complete your paperwork as frequently as you need.
Save time and effort completing official paperwork with US Legal Forms, one of the most reliable web services. Join us today!
Form popularity
FAQ
A: Letters Testamentary are valid until revoked or the probate is concluded and the executor is discharged.
To admit the copy of the will to probate, you must be able to rebut this presumption with clear, cogent and convincing evidence that the testator did not intend to revoke it and that the copy admitted was validly executed and is a copy of the true will.
RCW 11.20. 010 requires the Will to be filed whether or not it will be offered for probate and provides for damages upon the failure to do so. Washington law does not require a Will to be probated ? only to be filed promptly after a Decedent's death.
(1) The surviving spouse or state registered domestic partner, or such person as he or she may request to have appointed. (2) The next of kin in the following order: (a) Child or children; (b) father or mother; (c) brothers or sisters; (d) grandchildren; (e) nephews or nieces.
Contact the probate court in the counties where the deceased lived to determine whether the will was registered. Contact a probate attorney for help. These attorneys have access to networks of other probate attorneys in the state, one of whom may have the will you are looking for.
Washington State law DOES NOT REQUIRE Probate. Probate is discretionary. Practically speaking only a small percent of deaths in Washington result in a Probate being filed.
Contact the probate court in the counties where the deceased lived to determine whether the will was registered. Contact a probate attorney for help. These attorneys have access to networks of other probate attorneys in the state, one of whom may have the will you are looking for.
As part of the probate process, letters testamentary are issued by your state's probate court. To obtain the document, you need a copy of the will and the death certificate, which are then filed with the probate court along with whatever letters testamentary forms the court requires as part of your application.
