![\"\"](\"http:\/\/amicuscuria.com\/wordpress\/wp-content\/uploads\/2021\/02\/last-will.png\")
<\/figure>\n\n\n\n\n\n\n\n
Filing & Publishing a Nonprobate Notice to Creditors<\/em><\/h1>\n\n\n\n
\n\n\n\n- Filing a Nonprobate Notice to Creditors<\/em><\/a><\/li>
- Telephoning the Probate Clerk<\/a>
- Telephone Numbers<\/a><\/li>
- Requirement Specific to King County<\/a><\/li><\/ul><\/li>
- Going to the Superior Court Clerk\u2019s Office<\/a>
- Filing Fees & Methods of Payment<\/a><\/li><\/ul><\/li>
- Publishing a Nonprobate Notice to Creditors<\/em><\/a>
- Legal Newspapers & Costs of Publication<\/a><\/li>
- Example of a typical published Nonprobate Notice to Creditors<\/em><\/a><\/li>
- Example of Affidavit of Publication<\/em><\/a><\/li><\/ul><\/li>
- Giving Notice to Washington Department of Social & Health Services (\u201cWDSHS\u201d)<\/a><\/li><\/ol>\n\n\n\n
\n\n\n\nFILING A NONPROBATE NOTICE TO CREDITORS<\/em><\/h3>\n\n\n\n
\n\n\n\nComplete and sign a: Nonprobate Notice to Creditors<\/a><\/p>\n\n\n\n
\n\n\n\nTELEPHONING THE PROBATE CLERK<\/h3>\n\n\n\n
\n\n\n\n
Telephone the County Clerk in the county in which Decedent resided at death (Telephone Numbers<\/a><\/strong>) and ask to speak to the probate clerk: Determine if there are any requirements specific to that county or other requirements that it would be helpful for you to know before going to Court. For example: Requirement Specific to King County<\/a>. <\/strong>Complete any of the foregoing requirements that may be applicable to you and set aside any resulting form that you have completed until you go to Court.<\/p>\n\n\n\n
\n\n\n\nSide-bar: Court Clerks\u2019 Offices, especially at the King County Courthouse<\/a><\/strong><\/p>\n\n\n\n
\n\n\n\nGOING TO THE SUPERIOR COURT CLERK\u2019S OFFICE<\/h3>\n\n\n\n
\n\n\n\n- Ask one of the clerks to verify that:
- No Personal Representative has been appointed for Decedent, and<\/li>
- No one else has filed a Declaration & Oath of Notice Agent<\/em><\/strong> for Decedent\u2019s nonprobate estate.<\/li><\/ol>Upon such verification:<\/li>
- File the originals of the following documents:
- In King County: King County Case Assignment Designation and Case Information Cover Sheet<\/a><\/em><\/strong>.<\/li>
- Declaration & Oath of Notice Agent<\/em><\/li>
- If you were appointed as Notice Agent: Agreement Regarding Nonprobate Estate<\/em><\/strong><\/li>
- If you are a non-resident: Designation of Resident Agent of Notice Agent<\/strong>.<\/em><\/li>
- Nonprobate Notice to Creditors<\/strong>.<\/em><\/li><\/ol><\/li>
- Pay the filing fee & get a receipt for it. Filing Fees & Methods of Payment<\/a><\/strong><\/li>
- Make sure to bring, and stamp as conformed, a copy of every document that you file.<\/li><\/ol>\n\n\n\n
\n\n\n\nThe Issue: <\/strong>Putting the world on notice that:<\/p>\n\n\n\n
\n\n\n\n- Decedent has died;<\/li>
- You are serving as Notice Agent for Decedent\u2019s nonprobate estate; and<\/li>
- Any creditor of Decedent has four months to present his\/her\/its claim against the estate or be barred.<\/li><\/ul>\n\n\n\n
\n\n\n\nPUBLISHING A NONPROBATE NOTICE TO CREDITORS<\/em><\/h3>\n\n\n\n
\n\n\n\nRCW 11.42.20(2)<\/a> requires you to publish a Nonprobate Notice to Creditors<\/em><\/strong>. To do so:<\/p>\n\n\n\n
\n\n\n\n- You have already completed and filed the Nonprobate Notice to Creditors<\/em> <\/strong>form. Now, publish a conformed copy of it according to statute (RCW 11.42.020(2)<\/a>), namely, once each week for three successive weeks in a legal newspaper in the county in which Decedent resided at death.Timing: <\/strong>Promptly after your appointment as Notice Agent.<\/li>
- Send the copy to a newspaper for publication: See Legal Newspapers & Costs of Publication<\/a> <\/strong>for possible newspapers and costs of publication.<\/li>
- Promptly following the third publication, file an Affidavit of Publication<\/strong>:<\/em> To obtain the benefits of publishing a Nonprobate Notice to Creditors<\/em><\/strong>, RCW 11.42.020<\/a> requires a Notice Agent to file an Affidavit of Publication<\/em><\/strong>, showing that the Nonprobate Notice to Creditors<\/em><\/strong> has been published according to law. Following its third publication, most newspapers, after getting paid, and at no further charge, will prepare and either:
- File the required Affidavit of Publication<\/em><\/strong> with the pertinent Court and send you a copy of it, or<\/li>
- Send you the original of their Affidavit of Publication<\/strong> <\/em>for you to file.<\/li><\/ul>Example of Affidavit of Publication<\/em><\/strong>: <\/em>Page1<\/a> Page2<\/a><\/li><\/ol>\n\n\n\n
\n\n\n\nCaution:<\/strong> When you send your Nonprobate Notice to Creditors<\/em><\/strong> to the newspaper for publication, make sure to obtain that newspaper\u2019s policy regarding the disposition of its Affidavit of Publication<\/strong> <\/em>(ie<\/em>, will the newspaper mail the Affidavit<\/strong><\/em> to you or file it with the Court itself),and after publication, make sure that the original of the Affidavit of Publication<\/em><\/strong> is filed with the Court, either by the newspaper or by you.<\/p>\n\n\n\n
\n\n\n\nThe Issue: <\/strong>Putting the WDSHS on notice that Decedent has died, so that the Department may file and serve a Creditor\u2019s Claim<\/em><\/strong> for recovery of any medical costs and other benefits advanced to Decedent.<\/p><\/blockquote>\n\n\n\n
\n\n\n\nGIVING NOTICE TO WASHINGTON DEPARTMENT OF SOCIAL & HEALTH SERVICES (\u201cWDSHS\u201d)<\/h3>\n\n\n\n
\n\n\n\n
RCW 11.42.020(2)(d)<\/a> requires you to give written notice to the WDSHS. To do so:<\/p>\n\n\n\n
\n\n\n\n- Complete and sign a: Nonprobate Creditor\u2019s Notice to WDSHS & Declaration of Mailing<\/a> form.<\/li>
- Add Decedent\u2019s Social Security Number to the form,<\/li>
- Mail a copy of it to the WDSHS at the address shown on the form, and<\/li>
- File its original with the Court (with copy for conformation and return to you).<\/li><\/ul>\n\n\n\n
\n\n\n\nCaution:<\/strong> The Nonprobate Notice to Creditors<\/em><\/strong> form is the generic form. The Nonprobate Creditor\u2019s Notice to WDSHS & Declaration of Mailing<\/em><\/strong> form, the one referenced immediately above, is a Nonprobate Notice to Creditors<\/em><\/strong> form that has been customized specifically to be sent to the WDSHS and filed with the Court along with its self-contained Declaration of Mailing<\/em><\/strong>. Make sure that you select the correct form for your intended purpose.<\/p>\n\n\n\n
\n\n\n\n![\"\"](\"http:\/\/amicuscuria.com\/wordpress\/wp-content\/uploads\/2021\/02\/Lackofprobateaffidavit-pdf-791x1024.jpg\")
Lack Of Probate Affidavit<\/a><\/figcaption><\/figure>\n\n\n\n
\n\n\n\nLack of Probate Affidavit II<\/a><\/p>\n\n\n\nThe (end run) Affidavit Lack of Probate (or \u201cNo Probate\u201d) is a factual confirmation which supports\/avers that the rightful heirs are entitled to their interest in the property after the passing of the Decedent. It is recognized in many Washington Counties as a way to clear the Decedent\u2019s name off title as an alternative to a probate. It may work for the estate of any Washington State property owner, whether the Decedent was a U.S. Citizen, U.S. Tax Resident, or Canadian Non-U.S. Resident.<\/strong><\/p>\n\n\n\n
\n\n\n\nThe \u201cAffidavit Lack of Probate\u201d name is deceiving in that it only refers to the absence of a probate in the County where the real estate is located in Washington. When, in fact, the Decedent\u2019s estate may have already been probated in another jurisdiction where he or she was a resident. A common scenario involves a British Columbia resident, for example, who owns a vacation property in Whatcom County, Washington. Upon the death of the property owner it will be necessary to clear title to the Washington property regardless of any probate in British Columbia where the Court does not have the authority to do so. Whether or not the property owner had a Will, the Affidavit of Lack of Probate when recorded in Whatcom County should avoid a second (or \u201cancillary\u201d) probate.<\/strong><\/p>\n\n\n\n
\n\n\n\nAt the same time, the Affidavit of Lack of Probate can also be very effective when a Washington resident owns real estate in Washington and there may be no need to file a probate. This scenario may involve a smaller estate, or even a larger estate, with Washington property, when there are limited heirs, and no creditors. When the Affidavit of Lack of Probate is recorded it should avoid a probate in the first place.<\/strong><\/p>\n\n\n\n
\n\n\n\nAnd in limited cases, the Affidavit of Lack of Probate is often a recognized way to avoid probate when the Decedent did not have a Trust, Joint Tenancy with Rights of Survivorship, Community Property Agreement or some other non-probate alternative in place.<\/strong><\/p>\n\n\n\n
\n\n\n\nOnce the Affidavit is recorded with the County Auditor, the net effect is to vest title to the beneficiary(ies) named in the Decedent\u2019s Will, or to the \u201crightful\u201d or legal heir(s) if the Decedent did not have a Will. In order to determine the \u201crightful\u201d heir(s) look to the Washington Intestacy Statute, RCW 11.04.015, which spells out the order of distribution.<\/strong><\/p>\n\n\n\n
\n\n\n\nBefore recording the Affidavit of Lack of Probate it is important to comply with any U.S. Estate Tax obligations. A U.S. Estate Tax Return may have to be filed. And\/or it may be necessary to obtain a transfer clearance certificate from the IRS.<\/strong><\/p>\n\n\n\n
\n\n\n\nIt is recommended that the beneficiary(ies) or heir(s) consider buying title insurance if not already in place to insure their vested interest in conjunction with recording the Affidavit of Lack of Probate.<\/strong><\/p>\n\n\n\n
\n\n\n\nPROS<\/strong><\/p>\n\n\n\n
\n\n\n\n1. Avoids Probate.<\/strong>
2. Should vest title in Washington State Real Estate to the beneficiary(ies) named in the Decedent\u2019s Will, or the \u201crightful\u201d legal heir(s) if the Decedent died without a Will.<\/strong>
3. Cost effective and less expensive than an ancillary probate.<\/strong>
4. Exempt from Washington State Real Estate Excise Tax.<\/strong>
5. Title Companies may insure the interest of the beneficiary(ies) or heir(s) when the Affidavit is recorded.<\/strong>
6. The beneficiary gets a full-stepped up basis for U.S. tax purposes, meaning that he or she assumes the fair market value of the real estate at the date of death in the event of a future sale or transfer.<\/strong><\/p>\n\n\n\n
\n\n\n\nCONS<\/strong><\/p>\n\n\n\n
\n\n\n\n1. The Affidavit is not a deed or conveyance which is the legally recognized way to transfer title.<\/span><\/strong>
2. The Affidavit is not a judicial determination but merely a factual confirmation that the beneficiary(ies) in the Decedent\u2019s Will or the heirs in an Intestacy should be entitled to their interest in the property.<\/strong>
3. The Affidavit may not satisfy the future warranty obligations of a Grantor in subsequent conveyances by Statutory Warranty Deed.<\/span><\/strong>
4. When there is a need to file a probate to: (a) access a safe deposit box; (b) deal with creditors and publish Notice of Creditors to impose a shorter time for unknown creditors to respond; (c) litigate on behalf of the Estate; (d) find heirs whom are not easily identifiable; (e) or for other compelling reasons.<\/strong>
5. Some Washington Counties do not recognize the Affidavit as a way to transfer title, such as, in King County.<\/strong><\/h4>\n\n\n\n
\n\n\n\nThe above list is not exhaustive. There are other pros and cons.<\/strong><\/p>\n\n\n\n
\n\n\n\nOther non-probate methods should also be considered, including a Trust, Joint Tenancy with Rights of Survivorship, and Tenancy in Common. I recommend you also read the following blog articles about the Transfer on Death Deed (\u201cTODD\u201d)<\/a> Community Property Agreement<\/a>, because these non-probate methods may be more advantageous.<\/strong><\/p>\n\n\n\n
\n\n\n\nThe above is not intended to be legal advice but is general information provided as a courtesy.<\/strong><\/p>\n\n\n\n
\n\n\n\nRepresentative Washington Legal Newspapers & Costs of Publishing a Nonprobate Notice to Creditors<\/em><\/h1>\n\n\n\n
\n\n\n\n
- Telephone Numbers<\/a><\/li>
- Requirement Specific to King County<\/a><\/li><\/ul><\/li>
- Going to the Superior Court Clerk\u2019s Office<\/a>
- Filing Fees & Methods of Payment<\/a><\/li><\/ul><\/li>
- Publishing a Nonprobate Notice to Creditors<\/em><\/a>
- Legal Newspapers & Costs of Publication<\/a><\/li>
- Example of a typical published Nonprobate Notice to Creditors<\/em><\/a><\/li>
- Example of Affidavit of Publication<\/em><\/a><\/li><\/ul><\/li>
- Giving Notice to Washington Department of Social & Health Services (\u201cWDSHS\u201d)<\/a><\/li><\/ol>\n\n\n\n
\n\n\n\nFILING A NONPROBATE NOTICE TO CREDITORS<\/em><\/h3>\n\n\n\n
\n\n\n\nComplete and sign a: Nonprobate Notice to Creditors<\/a><\/p>\n\n\n\n
\n\n\n\nTELEPHONING THE PROBATE CLERK<\/h3>\n\n\n\n
\n\n\n\nTelephone the County Clerk in the county in which Decedent resided at death (Telephone Numbers<\/a><\/strong>) and ask to speak to the probate clerk: Determine if there are any requirements specific to that county or other requirements that it would be helpful for you to know before going to Court. For example: Requirement Specific to King County<\/a>. <\/strong>Complete any of the foregoing requirements that may be applicable to you and set aside any resulting form that you have completed until you go to Court.<\/p>\n\n\n\n
\n\n\n\nSide-bar: Court Clerks\u2019 Offices, especially at the King County Courthouse<\/a><\/strong><\/p>\n\n\n\n
\n\n\n\nGOING TO THE SUPERIOR COURT CLERK\u2019S OFFICE<\/h3>\n\n\n\n
\n\n\n\n- Ask one of the clerks to verify that:
- No Personal Representative has been appointed for Decedent, and<\/li>
- No one else has filed a Declaration & Oath of Notice Agent<\/em><\/strong> for Decedent\u2019s nonprobate estate.<\/li><\/ol>Upon such verification:<\/li>
- File the originals of the following documents:
- In King County: King County Case Assignment Designation and Case Information Cover Sheet<\/a><\/em><\/strong>.<\/li>
- Declaration & Oath of Notice Agent<\/em><\/li>
- If you were appointed as Notice Agent: Agreement Regarding Nonprobate Estate<\/em><\/strong><\/li>
- If you are a non-resident: Designation of Resident Agent of Notice Agent<\/strong>.<\/em><\/li>
- Nonprobate Notice to Creditors<\/strong>.<\/em><\/li><\/ol><\/li>
- Pay the filing fee & get a receipt for it. Filing Fees & Methods of Payment<\/a><\/strong><\/li>
- Make sure to bring, and stamp as conformed, a copy of every document that you file.<\/li><\/ol>\n\n\n\n
\n\n\n\nThe Issue: <\/strong>Putting the world on notice that:<\/p>\n\n\n\n
\n\n\n\n- Decedent has died;<\/li>
- You are serving as Notice Agent for Decedent\u2019s nonprobate estate; and<\/li>
- Any creditor of Decedent has four months to present his\/her\/its claim against the estate or be barred.<\/li><\/ul>\n\n\n\n
\n\n\n\nPUBLISHING A NONPROBATE NOTICE TO CREDITORS<\/em><\/h3>\n\n\n\n
\n\n\n\nRCW 11.42.20(2)<\/a> requires you to publish a Nonprobate Notice to Creditors<\/em><\/strong>. To do so:<\/p>\n\n\n\n
\n\n\n\n- You have already completed and filed the Nonprobate Notice to Creditors<\/em> <\/strong>form. Now, publish a conformed copy of it according to statute (RCW 11.42.020(2)<\/a>), namely, once each week for three successive weeks in a legal newspaper in the county in which Decedent resided at death.Timing: <\/strong>Promptly after your appointment as Notice Agent.<\/li>
- Send the copy to a newspaper for publication: See Legal Newspapers & Costs of Publication<\/a> <\/strong>for possible newspapers and costs of publication.<\/li>
- Promptly following the third publication, file an Affidavit of Publication<\/strong>:<\/em> To obtain the benefits of publishing a Nonprobate Notice to Creditors<\/em><\/strong>, RCW 11.42.020<\/a> requires a Notice Agent to file an Affidavit of Publication<\/em><\/strong>, showing that the Nonprobate Notice to Creditors<\/em><\/strong> has been published according to law. Following its third publication, most newspapers, after getting paid, and at no further charge, will prepare and either:
- File the required Affidavit of Publication<\/em><\/strong> with the pertinent Court and send you a copy of it, or<\/li>
- Send you the original of their Affidavit of Publication<\/strong> <\/em>for you to file.<\/li><\/ul>Example of Affidavit of Publication<\/em><\/strong>: <\/em>Page1<\/a> Page2<\/a><\/li><\/ol>\n\n\n\n
\n\n\n\nCaution:<\/strong> When you send your Nonprobate Notice to Creditors<\/em><\/strong> to the newspaper for publication, make sure to obtain that newspaper\u2019s policy regarding the disposition of its Affidavit of Publication<\/strong> <\/em>(ie<\/em>, will the newspaper mail the Affidavit<\/strong><\/em> to you or file it with the Court itself),and after publication, make sure that the original of the Affidavit of Publication<\/em><\/strong> is filed with the Court, either by the newspaper or by you.<\/p>\n\n\n\n
\n\n\n\nThe Issue: <\/strong>Putting the WDSHS on notice that Decedent has died, so that the Department may file and serve a Creditor\u2019s Claim<\/em><\/strong> for recovery of any medical costs and other benefits advanced to Decedent.<\/p><\/blockquote>\n\n\n\n
\n\n\n\nGIVING NOTICE TO WASHINGTON DEPARTMENT OF SOCIAL & HEALTH SERVICES (\u201cWDSHS\u201d)<\/h3>\n\n\n\n
\n\n\n\nRCW 11.42.020(2)(d)<\/a> requires you to give written notice to the WDSHS. To do so:<\/p>\n\n\n\n
\n\n\n\n- Complete and sign a: Nonprobate Creditor\u2019s Notice to WDSHS & Declaration of Mailing<\/a> form.<\/li>
- Add Decedent\u2019s Social Security Number to the form,<\/li>
- Mail a copy of it to the WDSHS at the address shown on the form, and<\/li>
- File its original with the Court (with copy for conformation and return to you).<\/li><\/ul>\n\n\n\n
\n\n\n\nCaution:<\/strong> The Nonprobate Notice to Creditors<\/em><\/strong> form is the generic form. The Nonprobate Creditor\u2019s Notice to WDSHS & Declaration of Mailing<\/em><\/strong> form, the one referenced immediately above, is a Nonprobate Notice to Creditors<\/em><\/strong> form that has been customized specifically to be sent to the WDSHS and filed with the Court along with its self-contained Declaration of Mailing<\/em><\/strong>. Make sure that you select the correct form for your intended purpose.<\/p>\n\n\n\n
\n\n\n\nLack Of Probate Affidavit<\/a><\/figcaption><\/figure>\n\n\n\n
\n\n\n\nLack of Probate Affidavit II<\/a><\/p>\n\n\n\n
The (end run) Affidavit Lack of Probate (or \u201cNo Probate\u201d) is a factual confirmation which supports\/avers that the rightful heirs are entitled to their interest in the property after the passing of the Decedent. It is recognized in many Washington Counties as a way to clear the Decedent\u2019s name off title as an alternative to a probate. It may work for the estate of any Washington State property owner, whether the Decedent was a U.S. Citizen, U.S. Tax Resident, or Canadian Non-U.S. Resident.<\/strong><\/p>\n\n\n\n
\n\n\n\nThe \u201cAffidavit Lack of Probate\u201d name is deceiving in that it only refers to the absence of a probate in the County where the real estate is located in Washington. When, in fact, the Decedent\u2019s estate may have already been probated in another jurisdiction where he or she was a resident. A common scenario involves a British Columbia resident, for example, who owns a vacation property in Whatcom County, Washington. Upon the death of the property owner it will be necessary to clear title to the Washington property regardless of any probate in British Columbia where the Court does not have the authority to do so. Whether or not the property owner had a Will, the Affidavit of Lack of Probate when recorded in Whatcom County should avoid a second (or \u201cancillary\u201d) probate.<\/strong><\/p>\n\n\n\n
\n\n\n\nAt the same time, the Affidavit of Lack of Probate can also be very effective when a Washington resident owns real estate in Washington and there may be no need to file a probate. This scenario may involve a smaller estate, or even a larger estate, with Washington property, when there are limited heirs, and no creditors. When the Affidavit of Lack of Probate is recorded it should avoid a probate in the first place.<\/strong><\/p>\n\n\n\n
\n\n\n\nAnd in limited cases, the Affidavit of Lack of Probate is often a recognized way to avoid probate when the Decedent did not have a Trust, Joint Tenancy with Rights of Survivorship, Community Property Agreement or some other non-probate alternative in place.<\/strong><\/p>\n\n\n\n
\n\n\n\nOnce the Affidavit is recorded with the County Auditor, the net effect is to vest title to the beneficiary(ies) named in the Decedent\u2019s Will, or to the \u201crightful\u201d or legal heir(s) if the Decedent did not have a Will. In order to determine the \u201crightful\u201d heir(s) look to the Washington Intestacy Statute, RCW 11.04.015, which spells out the order of distribution.<\/strong><\/p>\n\n\n\n
\n\n\n\nBefore recording the Affidavit of Lack of Probate it is important to comply with any U.S. Estate Tax obligations. A U.S. Estate Tax Return may have to be filed. And\/or it may be necessary to obtain a transfer clearance certificate from the IRS.<\/strong><\/p>\n\n\n\n
\n\n\n\nIt is recommended that the beneficiary(ies) or heir(s) consider buying title insurance if not already in place to insure their vested interest in conjunction with recording the Affidavit of Lack of Probate.<\/strong><\/p>\n\n\n\n
\n\n\n\nPROS<\/strong><\/p>\n\n\n\n
\n\n\n\n1. Avoids Probate.<\/strong>
2. Should vest title in Washington State Real Estate to the beneficiary(ies) named in the Decedent\u2019s Will, or the \u201crightful\u201d legal heir(s) if the Decedent died without a Will.<\/strong>
3. Cost effective and less expensive than an ancillary probate.<\/strong>
4. Exempt from Washington State Real Estate Excise Tax.<\/strong>
5. Title Companies may insure the interest of the beneficiary(ies) or heir(s) when the Affidavit is recorded.<\/strong>
6. The beneficiary gets a full-stepped up basis for U.S. tax purposes, meaning that he or she assumes the fair market value of the real estate at the date of death in the event of a future sale or transfer.<\/strong><\/p>\n\n\n\n
\n\n\n\nCONS<\/strong><\/p>\n\n\n\n
\n\n\n\n1. The Affidavit is not a deed or conveyance which is the legally recognized way to transfer title.<\/span><\/strong>
2. The Affidavit is not a judicial determination but merely a factual confirmation that the beneficiary(ies) in the Decedent\u2019s Will or the heirs in an Intestacy should be entitled to their interest in the property.<\/strong>
3. The Affidavit may not satisfy the future warranty obligations of a Grantor in subsequent conveyances by Statutory Warranty Deed.<\/span><\/strong>
4. When there is a need to file a probate to: (a) access a safe deposit box; (b) deal with creditors and publish Notice of Creditors to impose a shorter time for unknown creditors to respond; (c) litigate on behalf of the Estate; (d) find heirs whom are not easily identifiable; (e) or for other compelling reasons.<\/strong>
5. Some Washington Counties do not recognize the Affidavit as a way to transfer title, such as, in King County.<\/strong><\/h4>\n\n\n\n
\n\n\n\nThe above list is not exhaustive. There are other pros and cons.<\/strong><\/p>\n\n\n\n
\n\n\n\nOther non-probate methods should also be considered, including a Trust, Joint Tenancy with Rights of Survivorship, and Tenancy in Common. I recommend you also read the following blog articles about the Transfer on Death Deed (\u201cTODD\u201d)<\/a> Community Property Agreement<\/a>, because these non-probate methods may be more advantageous.<\/strong><\/p>\n\n\n\n
\n\n\n\nThe above is not intended to be legal advice but is general information provided as a courtesy.<\/strong><\/p>\n\n\n\n
\n\n\n\nRepresentative Washington Legal Newspapers & Costs of Publishing a Nonprobate Notice to Creditors<\/em><\/h1>\n\n\n\n
\n\n\n\n
- Send you the original of their Affidavit of Publication<\/strong> <\/em>for you to file.<\/li><\/ul>Example of Affidavit of Publication<\/em><\/strong>: <\/em>Page1<\/a> Page2<\/a><\/li><\/ol>\n\n\n\n
- Send the copy to a newspaper for publication: See Legal Newspapers & Costs of Publication<\/a> <\/strong>for possible newspapers and costs of publication.<\/li>
- You have already completed and filed the Nonprobate Notice to Creditors<\/em> <\/strong>form. Now, publish a conformed copy of it according to statute (RCW 11.42.020(2)<\/a>), namely, once each week for three successive weeks in a legal newspaper in the county in which Decedent resided at death.Timing: <\/strong>Promptly after your appointment as Notice Agent.<\/li>
- Declaration & Oath of Notice Agent<\/em><\/li>
- File the originals of the following documents:
- Example of a typical published Nonprobate Notice to Creditors<\/em><\/a><\/li>
- Publishing a Nonprobate Notice to Creditors<\/em><\/a>
- Requirement Specific to King County<\/a><\/li><\/ul><\/li>