This article explains how to complete the Children and Grandchildren tab in the Testate Probate Opening Package, including how to enter deceased children and their living descendants.
Even in a testate probate, Washington law requires identification of heirs for notice purposes. This tab ensures that all children of the decedent — and, where applicable, grandchildren of deceased children — are properly identified.
Accurate completion of this section is essential for statutory notice compliance.
Why This Tab Matters
Even where there is a valid Will, Washington probate law requires notice to certain heirs. Children and descendants of deceased children may qualify as heirs for notice purposes.
Failure to properly identify living children or grandchildren of a deceased child can result in:
Incomplete heir identification
Improper or insufficient notice
Incorrect recitals in the Petition
Careful completion of this tab ensures compliance with statutory notice requirements.
Information Added in This Tab
The Children and Grandchildren tab:
Identifies all living children of the decedent
Identifies deceased children who left living descendants
Establishes family lines for representation
Captures contact information for notice purposes
Confirms capacity status of descendants
Heir determination for notice purposes is based in part on the decedent’s surviving spouse, children, and descendants of deceased children. This tab works together with the Decedent Information and Surviving Spouse tabs to ensure proper heir identification.
Living Children
Begin by indicating whether the decedent had any living children at the time of death. You will also be asked whether any of those children are minors. If the decedent had living children, each child must be entered individually using the Add Children Information option.
For each child, you must:
Enter identifying and contact information
Confirm whether the child has legal capacity
Indicate parentage by selecting “Who’s child is this?”
Parentage Matters
The parentage selection clarifies whether the child is:
A child of the decedent and the surviving spouse; or
A child of the decedent from another relationship.
This distinction is especially important in blended families. Accurate parentage supports:
Proper heirship analysis
Community property considerations
Correct notice determinations
Accurate recitals in the Petition
Failure to correctly identify parentage can lead to errors in heir identification or required notice.
Capacity status is also critical. If a child lacks legal capacity or is a minor, notice and representation requirements may differ.
If a child of the decedent is also the Client/Petitioner, that individual must still be listed here as a child. You may use the Copy Client Info feature to populate their information.
For each child, provide identifying information and current mailing address. Accurate address information is required for notice purposes.
Deceased Children with Living Descendants
If the decedent had a child who predeceased them and that child left living descendants, enter:
The deceased child; and
Each of that deceased child’s living children (the decedent’s grandchildren).
The deceased child’s entry establishes the line of representation. Although the deceased child does not receive notice, their living descendants may qualify as heirs by representation and may be entitled to notice.
For each grandchild, enter identifying information, contact details, and capacity status.
If a deceased child left no living descendants, nothing should be entered for that child.