WA-Probate > Probate-Litigation > Objecting to the Declaration of Completion of Probate

J.  Objecting to the Declaration of Completion of Probate

To close the probate estate, a Nonintervention Personal Representative is generally required to:

• File a Declaration of Completion of Probate and, within five days thereafter,
   

• Send a Notice of Filing of Declaration of Completion of Probate together with a copy of the Declaration of Completion to each person who remains interested in the estate and has not filed a waiver of notice of the filing of the Declaration of Completion.  RCW 11.68.110(3)

The Personal Representative's Declaration of Completion is in effect his/her Final Report & Account (of his/her administration of the estate) and Petition for Approval Thereof, Final Distribution, Termination of the Estate, & Discharge of Personal Representative.

Any interested person may effectively object to the Personal Representative's Declaration of Completion by:

• Filing a Petition with the Court requesting it to:
   

  • Determine the reasonableness of fees paid or proposed to be paid, or
     

  • Order an accounting, or both, and
     

• Serving a copy of the Petition on the Personal Representative or his/her attorney within 30 days after the Declaration of Completion was filed.  RCW 11.68.110(2)

If no such Petition is timely filed, then 30 days after the filing of the Declaration of Completion:

• All of the Personal Representative's acts are automatically approved (ie, without further Court action),
   

• The Personal Representative is automatically discharged, and
   

• The Declaration of Completion becomes automatically final and binding, effectively as a final Order.

If such a Petition is timely filed and served, the Personal Representative is required to:

• Obtain a hearing date for the Court to hear the Petition and any Response to it by the Personal Representative, and
   

• Send the Petitioner at least 10 days' advance notice of the hearing.

See:

Bottom-line: If you have any questions, concerns, or objections whatsoever to the Personal Representative's Declaration of Completion, and especially if after discussing them with the Personal Representative or his/her attorney, you remain concerned, you should immediately seek the advice of legal counsel, timely file a Petition for Order re Declaration of Completion, and serve a copy of your Petition on the Personal Representative.

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