This article walks you through drafting the Opening Pleadings for a Washington nonintervention probate when the decedent died without a valid Will, using the Intestate Probate Opening Package.
The Opening Package generates the pleadings and related documents required to open probate for an intestate estate. Because there is no Will to establish the Administrator's authority or govern bond and nonintervention powers, the system uses statutory priority rules, family structure, and property type to drive document assembly. Accuracy in the interview — particularly in entering parties, assigning roles, and identifying the petitioner's statutory priority — is critical.
If you are new to the Opening Package or would like to explore how the process works before entering live client information, you can use the Load Sample Data feature.
Locate the Opening Package
To begin drafting:
- Go to Library.
- Select the Washington Probate product.
- Click Intestate Probate Document Packages.
- Select Opening Package.
This launches the drafting interview for the intestate probate opening pleadings.
Complete the Drafting Interview
The Opening Package interview is organized into tabs on the left-hand side of the screen. Work through each tab in order. The system uses the information you enter to determine:
- Who the statutory heirs are and which parties must receive notice
- How parties are identified in the pleadings
- Which documents are generated
- The basis for the petitioner's appointment authority under RCW 11.28.120
- Whether bond is required and whether nonintervention powers are available
Below is an overview of each tab.
Client Information
Enter the personal and contact information for your client — typically the person petitioning to be appointed as Administrator. Select whether the client is a person or an entity, then complete contact details, salutation for letters, and mailing address. For more detail on completing this tab, see this article.
Decedent Information
Enter relevant information about the decedent, including date of death, county of residence, and marital status. This tab drives the structure of the core probate pleadings. Marital status determines whether the Surviving Spouse tab appears and whether community property rules apply. For additional details, see this article.
Decedent Spouse Information
This tab appears if the decedent was married at death and the spouse is not the petitioner-client. It captures the spouse's capacity and contact information, and determines whether the spouse is designating another person to serve as Administrator. If the surviving spouse is your client and the petitioner, this tab does not appear. For additional details, see this article.
Children and Grandchildren
Enter information about the decedent's living children and the living descendants of any deceased children. Parentage information — specifically whether each child is a joint child of both the decedent and the surviving spouse — directly affects who the statutory heirs are and whether the spouse qualifies for certain bond and nonintervention power exemptions. See this article for detailed guidance.
Other Parties
Enter all remaining interested and necessary parties other than the spouse, children, and grandchildren already entered in earlier tabs. In intestate probate, this typically includes parents, siblings, other relatives, nonprobate beneficiaries, and special notice recipients.
This tab also includes the Review the Decedent's Heirs tool, which applies the intestacy statutes to the family facts you have entered and identifies who the legal heirs are. Use this tool before proceeding to role assignment — its output determines which parties should receive heir roles on the next tab. See this article for guidance.
Assign Roles to Parties
Assign one or more legal roles to each party entered in prior tabs. Role assignments control notice requirements, document content, and signature blocks. Every party who has an interest in the estate must be assigned at least one role before proceeding. See this article for detailed guidance.
Guardian ad Litem
This tab evaluates whether the matter may require appointment of a Probate Guardian ad Litem based on the parties entered, particularly minors or incapacitated persons with inheritance interests. The system will indicate whether a GAL is required, may be waived, or is not needed based on your earlier entries. See this article for guidance about the GAL tab. If you're looking for information about when a probate guardian ad litem is required, review this article.
Case Details
Controls case caption information, venue, and intestate-specific options. Review and complete all fields on this tab every time. You will select the basis for intestacy, describe how the decedent's heirs were identified, and — if the decedent was married — confirm whether the surviving spouse is entitled to receive the entire estate. That last question affects heirship, bond exemption analysis, and nonintervention power eligibility. Review this article for infomration about this tab in the Intestate Opening Package.
Firm Details
Select the responsible attorney and, if applicable, the notary for this matter. This information populates signature blocks, attorney declarations, bar number references, and contact information throughout the pleadings.
Petitioner Information
This tab collects information about the petitioner's statutory basis for appointment as Administrator under RCW 11.28.120. Unlike testate probate, where authority derives from nomination in the Will, intestate appointment is governed by a statutory priority order.
The tab walks through which priority tier the petitioner falls under, whether higher-priority persons must be accounted for, and (if filing within 60 days of death) which of those persons have declined or whose priority rights must be addressed. See this article for a detailed explanation of the priority system.
Resident Agent
This tab appears if the client is not a resident of Washington. This tab allows you to identify who will serve as the Resident Agent for the client, and prepare the necessary documents for appointing the person for the matter.
Bond & Nonintervention Powers
This tab determines the level of financial protection and court supervision that will apply to the administration. In intestate probate, bond exemptions are governed exclusively by RCW 11.28.185 because there is no Will to waive bond. The tab also captures whether nonintervention powers are requested, the solvency of the estate, and the method used to identify the decedent's assets. See this article for detailed guidance.
Notice & Waivers
This tab determines whether advance notice of the petition is required, which parties must receive it, and which waiver documents the system should generate. Intestate probate has notice rules that differ from testate probate, including a 40-day window governing the surviving spouse's community property administration rights and a separate 60-day window governing statutory priority tier lapse. The system makes automatic recommendations based on your earlier entries — review them carefully before proceeding. See this article for detailed guidance.
Document Selection
This tab displays all documents available in the package. Click Select recommended documents to have the system automatically select the pleadings it recommends based on your earlier interview answers. Documents that are not applicable will appear grayed out. Optional documents — such as the intestate probate checklist — can be selected manually.
Assemble Your Documents
Once you have selected your documents, proceed to Assemble Documents to generate the final pleadings. For detailed instructions, see this article.
This package covers the opening pleadings only. Post-appointment notices, the probate notice to creditors, inventory, and closing documents are handled in separate packages. See Which probate drafting package do I choose? for an overview of all available packages and when to use each one.