Notice of a Motion for Non-Intervention Powers in a Probate Proceeding

RCW11.68.041?  Wait, I’ll help you out.  I know your head must be spinning like Linda Blair in “The Exorcist”.  What does that mixture of letters and numbers mean?  There is a great deal to unpack here.  It refers to the advance notice of the hearing on a petition for nonintervention powers referred to in the probate act.

In the State of Washington, “non-intervention powers” are available to a personal representative who is granted non-intervention powers in a will.  A surviving spouse or domestic partner is also entitled to non-intervention powers when there is no will.  In all other cases, if the petitioner wishes to obtain nonintervention powers, the personal representative shall give notice of the petitioner's intention to apply to the court for nonintervention powers to all heirs, all beneficiaries of a gift under the decedent's will, and all persons who have requested, and who are entitled to, notice under RCW 11.68.041.

We invite you to Google this particular code in the State of Washington and do some of your own preparatory research.  For professional advice please call Seattle area probate attorney Lyle M. Clark, Jr.  He will explain the particulars of Washington’s RCW 11.68.041.  His phone number at his Bellevue office is (425) 452-3092.

What is the Probate Process?

Very simply probate is a legal process that may be required after an individual passes away.  Here are the steps that must be taken during probate:

1.  You must petition the Superior Court to be appointed as personal representative and prove in court that the deceased person’s will is valid.

2.  You must identify and make an inventory of the decedent’s property.

3.  You must have assigned a value to all of the property, which may mean that you will need to have it appraised.

4.  You must pay from the estate’s funds all taxes and other obligations relating to the property and any other debts owed by the deceased individual at the time of death.

The executor of the will must manage all of the assets during the probate process.  Because title to property does not transfer automatically, even a perfectly drafted will does not avoid the need for probate in order to obtain clear title to the assets. However, if the decedent signed a community property agreement, it may be possible to avoid probate upon the death of the first spouse.

Seattle probate attorney Lyle Clark can prepare wills, powers of attorney and healthcare directives for you.  If you are proactive you can avoid a great deal of time and expense in the future.  Rely on the 35+ years of experience that Attorney Clark has had with estate planning and probate.  Set up a meeting at his Bellevue office today by giving him a call at (425) 452-3092.