KING COUNTY SUPERIOR COURT CASE ASSIGNMENT AREA DESIGNATION and CASE INFORMATION COVER SHEET (CICS)

Transcription

1 KING COUNTY SUPERIOR COURT CASE ASSIGNMENT AREA DESIGNATION and CASE INFORMATION COVER SHEET (CICS) Pursuant to King County Code 4A , a faulty document fee of $15 may be assessed to new case filings missing this sheet. CASE NUMBER: (Provided by the Clerk) CASE CAPTION: (New case: Print name of person starting case vs. name of person or agency you are filing against.) (When filing into an existing family law case, the case caption remains the same as the original filing.) Please mark one of the boxes below: Seattle Area, defined as: Kent Area, defined as: All of King County north of Interstate 90 and including all of the Interstate 90 right-of-way; all the cities of Seattle, Mercer Island, Bellevue, Issaquah and North Bend; and all of Vashon and Maury Islands. All of King County south of Interstate 90 except those areas included in the Seattle Case Assignment Area. I certify that this case meets the case assignment criteria, described in King County LCR 82(e). Signature of Attorney WSBA Number Date or Signature of person who is starting case Date _ Address, City, State, Zip Code of person who is starting case if not represented by attorney

2 KING COUNTY SUPERIOR COURT CASE ASSIGNMENT AREA DESIGNATION and CASE INFORMATION COVER SHEET PROBATE/GUARDIANSHIP Please check the category that best describes this case. Absentee (ABS 4) (Petition to determine the location of absent owner of real or personal property.) Disclaimer (DSC 4) (Recording a document that states a beneficiary (heir) does not wish to accept a bequest under a will. ) Estate (EST 4) (Petition seeking court settlement of a deceased person's property. ) Foreign Will (FNW 4) (Filing of a will for probate that has been probated in another state, territory, or foreign country.) Guardianship (GDN 4) (Petition to appoint a guardian over a person and estate when he/she can no longer make or communicate safe or sound decisions about his/her person and/or property or minor.) Guardianship of the Estate (GDE 4) (Petition to appoint a guardian over the estate of a person when he/she can no longer make or communicate safe or sound decisions about his/her property or minor.) Guardianship of the Person (GDP 4) (Petition to appoint a guardian over the person when he/she can no longer make or communicate safe or sound decisions about his/her property or minor.) Limited Guardianship (LGD 4) (Petition to appoint a limited guardian with only partial responsibility.) Limited Guardianship of the Estate (LGE 4) (Petition to appoint a limited guardian with only partial responsibility for the person s property, where the person is not fully incompetent.) Limited Guardianship of the Person (LGP 4) (Petition to appoint a limited guardian with only partial responsibility for the person, where the person is not fully incompetent.) Minor Settlement (MST 4) (Petition for a court decision that an award to a minor is appropriate.) Non Probate Notice to Creditors (NNC 4) (The filing of a non-probate notice to creditors in a case in which no probate action is expected.) Registration of Trust-Trust Situs (TRS 4) TEDRA Non-Judicial Binding Agreement MSC 4) (No existing King County Case.) Trust (TRS 4) (A case filed, by order, separately from a guardianship or probate case.) Trust Estate Dispute Resolution Act (TDR 4) (The filing of a dispute in any estate, guardianship, or trust.) Will Only Deceased (WLL4) (Filing a will of a person who has died when no further action shall be taken.) Revised 5/2015

3 SUPERIOR COURT OF WASHINGTON FOR COUNTY Estate of, Deceased. NO. PETITION FOR PROBATE OF WILL, LETTERS TESTAMENTARY, & NONINTERVENTION POWERS (RCW & ) _ declares under penalty of perjury under the laws of the State of Washington that the following is true and correct to the best of his/her knowledge: 1. Decedent. Decedent died testate on _, was then a resident of County, Washington, and left property in this state subject to probate. 2. Will. Decedent's last Will dated _, will be filed in these proceedings. Decedent signed the Will on that date while competent, and its subscribing witnesses are _ and _, whose affidavit is subscribed or attached to the Will. 3. Personal Representative. In the Will, Decedent named me to act as his/her Personal Representative, to serve without Bond; Nonintervention Powers were neither prohibited nor restricted. I reside in Washington and am willing and qualified to act as Decedent's Personal Representative. 4. Heirs & Beneficiaries. The name, address, relationship, and age (if under 18 years) of each heir, legatee, devisee, beneficiary or transferee of Decedent are as follows: Petition for Probate of Will, Letters Testamentary, & Nonintervention Powers RCW & Page 1 of 2 Address

4 Name Address Relationship Age 5. Estate Solvency. The value of Decedent's assets at death exceeded the value of his/her liabilities by at least $_, so Decedent died solvent. Furthermore, the value of all expenses of the estate, including taxes and fees and costs of administration, should not exceed $_, so Decedent's estate is now and should remain solvent. WHEREFORE, I request that this Court: A. Admit Decedent's Will to probate. B. Appoint me as Decedent's Personal Representative, to serve without Bond and with Nonintervention Powers. C. Order that Letters Testamentary be promptly issued to me upon the filing of my sworn Oath of Personal Representative. SIGNED Date: On Place: At Signature:, Names Personal Representative Petition for Probate of Will, Letters Testamentary, & Nonintervention Powers RCW & Page 2 of 2 Address

5 SUPERIOR COURT OF WASHINGTON FOR COUNTY Estate of, Deceased. NO. OATH OF NAMED PERSONAL REPRESENTATIVE (With Will) (RCW ) Having been sworn under oath, I declare as follows: 1. I am qualified under RCW to serve as a Personal Representative as I am not a corporation, a minor, a person of unsound mind, or a person who has been convicted of any felony or of a misdemeanor involving moral turpitude. 2. In his/her Will, Decedent named me to act as his/her Personal Representative. 3. I have filed, or plan to file, with the above Court a Petition for Probate of Will & Letters Testamentary, requesting that Court to admit Decedent's Will to probate and appoint me as his/her Personal Representative. 4. If so appointed, I will perform the duties of Personal Representative according to the law of the State of Washington. 5. I understand that the basic duties of a Personal Representative are described in RCW , as follows: RCW General powers and duties. It shall be the duty of every personal representative to settle the estate, including the administration of any nonprobate assets within control of the Oath of Named Personal Representative RCW Page 1 of 2

6 personal representative under RCW , in his or her hands as rapidly and as quickly as possible, without sacrifice to the probate or nonprobate estate. The personal representative shall collect all debts due the deceased and pay all debts as hereinafter provided. The personal representative shall be authorized in his or her own name to maintain and prosecute such actions as pertain to the management and settlement of the estate, and may institute suit to collect any debts due the estate or to recover any property, real or personal, or for trespass of any kind or character. Signed:, Named Personal Representative STATE OF WASHINGTON ) ) ss. COUNTY OF ) SUBSCRIBED AND SWORN TO before me on. Signature Printed Name NOTARY PUBLIC for Washington Residing at: My appointment expires on: Oath of Named Personal Representative RCW Page 2 of 2

7 SUPERIOR COURT OF WASHINGTON FOR COUNTY Estate of, Deceased. NO. ORDER ADMITTING WILL TO PROBATE & GRANTING LETTERS TESTAMENTARY & NONINTERVENTION POWERS (RCW & ) THE COURT, having heard and considered the Petition for Probate of Will, Letters Testamentary, & Nonintervention Powers presented by Petitioner ; FINDS: 1. Decedent died testate on, was then a resident of County, Washington, and left property in this state subject to probate. 2. Decedent's estate is solvent. 3. The Will offered for probate was signed by Decedent on, while adult and competent and according to the other requirements of Washington law. 4. In his/her Will, Decedent named Petitioner to act as his/her Personal Representative and to do so without Bond; Nonintervention Powers were neither prohibited nor restricted. Petitioner is willing and qualified to so act. No Bond is required. Nonintervention Powers may be granted. Order Admitting Will to Probate & Granting Letters Testamentary & Nonintervention Powers RCW & Page 1 of 2

8 5. Notice. No Notice of this hearing is required. Petition for Letters: Notice of this hearing is required to be, and was lawfully given to, Decedent's surviving spouse, and he/she did not appear at the hearing and object to the appointment of Petitioner as Personal Representative. AND ORDERS: A. The testimony of the witnesses to Decedent's Will, reduced to writing and signed by them, is accepted and certified as the testimony in support of Decedent's Will. B. Decedent's Will is the last Will of Decedent and is admitted to probate. C. Petitioner is appointed as Decedent's Personal Representative (technically, Executor of Decedent's Will), to serve without Bond and with Nonintervention Powers. D. The Clerk of the Court shall promptly issue Letters Testamentary to upon the filing of his/her sworn Oath of Personal Representative. DONE IN OPEN COURT on Judge/Commissioner of the Superior Court Presented by: Petitioner Order Admitting Will to Probate & Granting Letters Testamentary & Nonintervention Powers RCW & Page 2 of 2

9 SUPERIOR COURT OF WASHINGTON FOR COUNTY Estate of _, NO. LETTERS TESTAMENTARY (RCW ) Deceased. On, the last Will of the above named Decedent was duly exhibited, proven, and filed in the foregoing Superior Court. In the Will, Decedent named (name:)_ to act as its Executor, who, by Order of this Court, is authorized to execute the Will according to law. Witness my hand and the seal of this Court on Clerk of the Superior Court By: Deputy Clerk Letters Testamentary RCW Page 1 of 1

10 SUPERIOR COURT OF WASHINGTON FOR COUNTY Estate of _, Deceased. NO. _ NOTICE OF APPOINTMENT OF PERSONAL REPRESENTATIVE AND PENDENCY OF PROBATE & DECLARATION OF MAILING (With Will) (RCW (1)) PLEASE TAKE NOTICE On, the above Court admitted Decedent s Will to probate and appointed as Personal Representative of Decedent's estate (technically, Executor of Decedent s Will). A copy of Decedent's Will is attached to this Notice & Declaration. RCW provides among other things that any action affecting the validity of a Will is required to be filed with the Court within four months after the date the Will was admitted to probate, otherwise the admission of the Will will be final and binding. Dated: Signed:, Personal Representative ////////// Notice of Appointment of Personal Representative and Pendency of Probate & Declaration of Mailing (with Will) RCW (1) Page 1 of 2

11 DECLARATION OF MAILING In accordance with RCW 9A , I declare under penalty of perjury under the laws of the State of Washington that on the date written below, I mailed by first-class mail of the US Postal Service, postage prepaid, a true and correct copy of this Notice of Appointment of Personal Representative and Pendency of Probate & Declaration of Mailing (with Will) (to which was attached a copy of Decedent's Will) to each of Decedent's heirs, legatees, devisees, beneficiaries, and transferees whose names, addresses, and telephone numbers are known to me and are as shown immediately following the signature block below. SIGNED Date: On Place: At Signature:, Personal Representative Name Address Telephone Number Notice of Appointment of Personal Representative and Pendency of Probate & Declaration of Mailing (with Will) RCW (1) Page 2 of 2