If you've decided that you need to begin a probate, below are some of the documents and forms you will need (and others you might need depending on the circumstances). The changes you'll need to make to the documents include at least the following depending on the forms you are using: 

• You need to review the documents carefully and fill in the portions that are blank or bracketed with the appropriate names, facts and other information, including the name of the decedent, date of death, date of the will, etc.

• The footer in the lower right hand corner of the documents must show your name, address and phone number.

• The cause number must be added to the upper right hand corner of the first page after "No." You won't have the cause number until you file the probate.

Initial Hearing Forms & Documents

Verified Petition for Appointment of Personal Representative (with a will)
Verified Petition for Appointment of Administrator (no will)
Order Probating Will and Appointing PR (with a will)
Order Appointing Administrator (no will)
Order Appointing Probate Guardian ad Litem
Order Appointing Limited Probate Guardian ad Litem
Death Certificate Coversheet
Oath of Personal Representative
Notice of Request for Nonintervention Powers
Waiver of Hearing on Nonintervention Powers
Designation of Resident Agent
Waiver of Surviving Spouse
Declaration of Mailing of Hearing Notice
Declaration of Witness to Will

Case Information Cover Sheet and Area Designation. The Case Information Cover Sheet and Area Designation form is automatically generated if you file your case through the Clerk’s eFiling system. If you are an attorney you must use the eFiling system. If you are not an attorney, you are strongly encouraged to use eFile documents. But if you do not use that system, the Clerk requires this cover sheet to begin a case, which you can find at this link. You should fill in the "Case Caption" line with the name of the estate (e.g. Estate of John W. Brown). You should check the box for the correct location for the case depending on where the decedent lived, as well as the box for “Estate (EST 4).”

Proposed Orders. If there is a Will, use the Order Probating Will and Appointing PR. If there is no Will, use the Order Appointing Administrator. The proposed order is the document you ask the Ex Parte Commissioner to sign. It appoints the Personal Representative or Administrator, addresses bond and nonintervention powers, and directs the Clerk to issue Letters after the required oath, and any required bond, has been filed. The order used when there is a Will also admits the Will to probate and addresses the proof of its execution.

Death Certificate with Coversheet. While not required by state law, the Ex Parte Commissioner in King County will expect a death certificate of the decedent to be filed for the Commissioner to review at the initial hearing. To file the death certificate, you should include a coversheet. You should redact the social security number and mother's maiden name on the death certificate. If you need to get appointed before a death certificate is available, the court will sometimes accept an affidavit where someone swears that they have communicated with the funeral home about the decedent’s remains and that the funeral home is handling the arrangements.

Oath of Personal Representative. If you are successful and the Ex Parte Commissioner signs the Order appointing you as the personal representative or administrator of the estate, before issuing you Letters Testamentary, the clerk will require you to provide a signed and notarized oath.

Waiver of Hearing on Nonintervention Powers. If you do not have a will or you are not the person named in the will to serve as personal representative, you will need to schedule a hearing to receive nonintervention powers and give notice to all of the heirs and beneficiaries of the hearing’s date and time. This can be a complex process and is described on the No Will page. You'd prefer to avoid having to do this. To avoid scheduling a hearing, you can have each of the heirs and beneficiaries waive their notice of the hearing.

Notice of Request for Nonintervention Powers. If you are forced to schedule a hearing to obtain nonintervention powers because you can't get waiver from the other heirs and beneficiaries when there is no will appointing you as personal representative, you must file and mail to each heir a proper Notice of Request for Nonintervention Powers. The Request for Nonintervention Powers must comply with RCW 11.68.041(3).

Designation of Resident Agent. If you are not a resident of Washington State, you will need to designate another person as your agent to receive documents related to the probate. The designated person must live in the county where the probate is pending. 

Waiver of Spouse to Serve over Community Property. During the first 40 days after a person dies, the surviving spouse has a right to serve as the Administrator over any portion of the community property. RCW 11.28.030. However the surviving spouse can waive that right. This is a pleading that does that.

Verified Petitions. A petition tells the court the facts supporting your request to open a probate, appoint a personal representative, and grant nonintervention powers. “Verified” means the petitioner signs a declaration under penalty of perjury that the petition’s statements are true.

• If there is a will: Use the Verified Petition for Appointment of Personal Representative (with a will). This form assumes the petitioner is the personal representative named in the will.

• If there is no will: Use the Verified Petition for Appointment of Administrator (no will). Changes in the probate code in 2026 require additional information about the search for the will, and assets. Read the No Will page and the blog post discussing the 2026 probate law changes before completing this petition.

Will. If you have an original will (and codicil, if applicable), the commissioner will need to see this document in person. Any will you present must be an original and must include an affidavit from the people who witnessed the execution of the will, which usually appears at the end of the will as an attachment. This makes a will "self-proving," which is very important. If a will is not self-proving, the witnesses must either (1) appear for the hearing to testify regarding the execution of the will or (2) sign a Declaration of Witness to Will (see below). If all you have is a copy of the will, the process for admitting the copy is more complicated, and you should see the page on Admitting Copy of Will to Probate. 

Declaration of Witness to Will. To admit a will to probate, it must be self-proving, meaning that it must have a declaration or affidavit signed by each witness describing the circumstances surrounding the signing of the will. Most wills have this "attestation" page or provision at the end of the will. If your will does not, you need to get a Declaration from the two witnesses in order to admit the will to probate.  

Order Appointing Probate Guardian ad Litem. For an estate in which one of the heirs or beneficiaries is under the age of 18 or otherwise incapacitated, the Ex Parte Commissioner will appoint a probate guardian ad litem (PGAL) to look after the interests of that minor/incapacitated heir or beneficiary. The PGAL is normally an attorney who has knowledge of probate law who the court trusts to ensure that the incapacitated person receives what he or she is entitled to. The court will not appoint the parent of the child as the PGAL. For more information on this process, visit the page on minor beneficiaries.  

Order Appointing Limited Probate Guardian ad Litem. For certain estates, the appointment of a full probate guardian ad litem may seem unnecessary. This can be the case when the estate is small, or when a will names a minor as a beneficiary, but the minor’s share of the estate is passing to a trust. In such cases, the court has an order it uses to appoint a probate guardian ad litem with limited powers to investigate certain narrow issues.

Fiduciary Bond. If you file a probate without a will, the Ex Parte Commissioner will likely require you to post a bond before you can receive Letters Testamentary from the court clerk. A bond is a type of insurance policy that protects beneficiaries, creditors and others parties interested in the estate from you stealing from the estate or otherwise mismanaging it. You will need to find a surety company who will issue this fiduciary bond to you. Once the bond is received, you'll need to return to Ex Parte to have the Commissioner sign the bond before obtaining the Letters Testamentary from the court clerk. Companies that issue such bonds can be found by googling "fiduciary bond for probates in Seattle."

Ex Parte Notice of Court Date. This form, one for Seattle and another for Kent, is for situations where you need to schedule a hearing on the Ex Parte calendar, such as if you need to admit a copy of a will to probate or schedule a hearing on your request for nonintervention powers. This form can be found on the King County Clerk’s forms page. Look for the form called “Notice of Court Date - Ex Parte.”

Declaration of Mailing of Hearing Notice. If you are forced to schedule a hearing, the court will need to ensure that proper notice is provided to all parties requiring notice. You should file the Declaration of Mailing with the court clerk before the scheduled hearing, but also have a copy available for review by the Ex Parte Commissioner. Do not forget to write in the city where you signed the Declaration and the date you signed it.

Post-Appointment Documents

Notice to Creditors
Notice of Rejection of Creditor’s Claim
Decl. of Mailing of Notice of Rejection of Creditor’s Claim
Notice of Appointment and Pendency of Probate
Declaration of Mailing of Notice of Appointment
Declaration of Mailing of Notice of Appointment to DSHS
Declaration Regarding Reasonable Search for Creditors

Notice to Creditors. The Notice to Creditors may be published in a legal newspaper where the decedent was residing at the time of death. It may also be sent to each creditor. For more information about how to properly deal with creditors, visit the page on Creditors.

Notice of Rejection of Creditor’s Claim. If you have published a Notice to Creditors and receive a claim that you want to reject, you must mail via certified mail a notice of rejection that contains the appropriate language about the claimant’s rights to bring suit against the estate. RCW 11.40.100.

Declaration of Mailing of Notice of Rejection of Creditor’s Claim. If you reject a Creditor’s Claim that is brought against the estate, you must file with the court proof that you mailed the rejection via certified mail, as well as attach a copy of the Notice of Rejection. The law also permits you to personally serve the Notice of Rejection, in which case, the attached Declaration will need to be revised to reflect that you personally served the claimant. RCW 11.40.100.

Notice of Appointment and Pendency of Probate. As described on the Notice page, you are required to give notice of your appointment to all heirs and beneficiaries within 20 days of your appointment. You should also include the Notice Regarding Probate Case with this mailing, which is generated by the King County Clerks when you file a new probate. Don't forget to also make sure that DSHS and the Department of Revenue also receive the Notice of Appointment. Once these documents are mailed to the heirs, beneficiaries, DSHS and the Department of Revenue, be sure to file with the court proof that you have done this. A sample Declaration of Mailing can be found above in the list of post-appointment documents. 

Declaration Regarding Reasonable Search for Creditors. Before closing a probate, it's recommended that you file a Declaration that describes your reasonable diligence in identifying creditors of the decedent. For more information on this document visit the page on Creditors.