Intestate Probate: Lack of Will and Heir Search Tab

This article covers the Lack of Will and Heir Search tab in the Intestate Probate Opening Package. The tab follows the Case Details tab. It collects the facts the Petition must state about how the Petitioner knows the Decedent left no Will and how the Decedent’s heirs were identified.

Each question is answered Yes or No. Each Yes prints as a sworn sentence in the Petition, and No prints nothing. A question left blank displays an Action Needed box until it is answered.

Why This Tab Exists

EHB 2445 amended RCW 11.28.110, effective June 11, 2026. An intestate petition must now set forth:

• “That the deceased died without a will, and the basis of the applicant’s knowledge of such;” (RCW 11.28.110(1)(b))
• “The names, ages, and addresses of the heirs of the deceased and the details of the applicant’s reasonable search for such heirs;” (RCW 11.28.110(1)(c))

This tab asks for the facts of what the Petitioner actually did, rather than a general statement that a search was made. Each fact becomes its own sentence.

The search for the estate’s major assets, required by RCW 11.28.110(1)(d), is on the Asset Search tab. See this article for details.

Answer the Questions or Type a Custom Paragraph

Both sections on this tab open with the question How would you like to give these details?

Answer the questions below	The default. Each question answered Yes prints as its own sentence in the Petition.
Type a custom paragraph instead	A text box replaces the questions. The paragraph prints in the Petition exactly as typed, after the statutory lead-in. Type any names in capitals.

Matters Started Before the 2026 Update

A matter saved before this tab was added keeps its earlier wording, so it still assembles. That wording states a search method without the facts. The tab displays an Action Needed box on each section that still uses it. Choosing Answer the questions below and answering each question rebuilds the section in the new form.

Confirm the Lack of Will

This section builds the Petition paragraph headed Intestacy; Basis of Knowledge. It always opens: “The Decedent died without a Will. Pursuant to RCW 11.28.110(1)(b), the basis of Petitioner’s knowledge is as follows.” A sentence for each question answered Yes follows.

Decedent Under 18

When the Decedent’s dates of birth and death are entered, the interview answers this question from them and does not display it. Otherwise the tab asks Was the Decedent under 18 at death? Answering Yes prints: “The Decedent was under eighteen years of age at death and therefore lacked capacity to make a Will under RCW 11.12.010.” The search questions are then skipped. Answering No displays the questions about how the Petitioner knows there is no Will.

The Petitioner and the Decedent

In a matter with Co-Administrators, the tab first asks Do the statements about the Petitioner’s knowledge of the Decedent and the family apply to every Petitioner? Yes prints the statements for all the Petitioners, for example “Each of the Petitioners is the Decedent’s son and lived with the Decedent.” No prints them for the Client by name, for example “JOHN SMITH, one of the Petitioners, is the Decedent’s son and lived with the Decedent.”

The question How does the Petitioner know the Decedent? sets the relationship sentence. The relationship word (son, daughter, wife, and so on) comes from the pronouns entered in the interview.

Lived with the Decedent	Prints: “Petitioner is the Decedent’s son and lived with the Decedent.”
Was in regular contact with the Decedent	Prints: “Petitioner is the Decedent’s son and was in regular contact with the Decedent.” An optional box, Add a sentence about their contact, adds a sentence of its own after it, such as “Petitioner spoke with the Decedent at least weekly for the last fifteen years.”
Had limited contact with the Decedent	Prints: “Petitioner is the Decedent’s son and had limited contact with the Decedent.” The same optional sentence box follows.
No personal relationship	Prints: “Petitioner has no personal relationship with the Decedent.” The question about what the Decedent told the Petitioner does not appear.

For the other three choices, one more question follows:

Did the Decedent ever tell the Petitioner they had not made a Will?

Yes prints: “The Decedent told Petitioner that he had not made a Will.” The pronoun comes from the Decedent’s pronouns.

Where the Petitioner Looked for a Will

Did the Petitioner search the Decedent’s home and papers?	Yes prints: “After the Decedent’s death, Petitioner searched the Decedent’s home and papers and found no Will or document appearing to be a Will.” An optional Which places? box adds the places searched: “…home and papers, including the home office, desk, and garage storage, and found no Will…”
Did the Decedent have a safe deposit box?	Yes, and the Petitioner examined it prints: “Petitioner examined the Decedent’s safe deposit box at [bank] and found no Will.” The bank is optional. No and Not known print nothing. Answering Yes here also answers Yes to the safe deposit question on the Asset Search tab and fills in the bank.
Did the Petitioner check the Superior Court Clerk’s records for a filed Will?	Yes displays the county and the date checked. The county starts as the Decedent’s county, and the date is optional. Prints: “On [date], Petitioner checked the records of the [county] County Superior Court Clerk and found no Will of the Decedent on file.” Without a date, the sentence begins “Petitioner checked the records…”.

Who the Petitioner Asked

Did the Petitioner ask anyone whether the Decedent had a Will?

Yes, and none of them knew of one prints: “Petitioner asked [each person, with their relationship to the Decedent] whether they knew of any Will, and each said they did not.” With only one person named, the sentence ends “…and they said they did not know of one.”

Answering Yes, and none of them knew of one displays a list, Parties the Petitioner asked, for selecting each party already entered in the interview. The list leaves out the Petitioners. Anyone who is not a party is described in Others the Petitioner asked by their relationship to the Decedent, not by name, such as “the Decedent’s friends and neighbors.” That description is added to the sentence after the parties’ names. An Action Needed box appears until at least one party is selected or others are described.

Estate Planning Attorney

The tab asks Does the Petitioner know of an attorney who prepared estate planning documents for the Decedent?

No	Prints: “Petitioner is not aware of any attorney who prepared estate planning documents for the Decedent.”
Yes, and the attorney confirmed they hold no Will	An optional box takes the attorney’s name or firm. Prints: “Petitioner contacted the Decedent’s attorney, [NAME], who advised that no Will of the Decedent is held.”

Anything Else

Each section ends with an Anything Else question. Any text entered there prints word for word as the last sentence of that Petition paragraph, after the facts answered Yes. Write it as a full sentence about the Petitioner and type any names in capitals. The final period is added for you.

When Answer the questions below is chosen and no search question (home, safe deposit box, Clerk’s records, or asking others) is answered Yes, an Action Needed box appears, and the Petition prints ACTION REQUIRED in place of the basis of knowledge until one is answered Yes or Type a custom paragraph instead is chosen.

How Heirs Were Identified

This section builds the Petition paragraph headed Heirs and Beneficiaries. It opens: “The Decedent is survived by the heirs and nonprobate asset beneficiaries listed on the attached Exhibit A. Pursuant to RCW 11.28.110(1)(c), the details of Petitioner’s reasonable search for heirs are as follows.” The sentences that follow show the court that no spouse, child, or child of a deceased child has been missed.

Marriage

When the Decedent was married at death, the Petition names the surviving spouse. An optional Years married field adds the length of the marriage: “The Decedent is survived by MARJORIE SIMPSON, his wife, to whom the Decedent was married for 45 years.” When the spouse is the Petitioner, the sentence reads: “The Decedent is survived by Petitioner, his wife of 45 years.” Left blank, the sentence omits the length of the marriage.

When the Decedent was single at death, the tab asks Which describes the Decedent’s marital history?

Never married and never in a registered domestic partnership	Prints: “The Decedent never married and was not in a state registered domestic partnership.”
Spouse died before the Decedent	The spouse’s name, date of death and pronouns, and the years married, are optional. Prints: “The Decedent was married to [NAME] for [number] years until [his or her] death on [date], and did not remarry.”
Marriage was dissolved	The former spouse’s name and the date and place of dissolution are optional. Prints: “The Decedent’s marriage to [NAME] was dissolved on [date] in [county and state].”

Children

The children come from the Children and Grandchildren tab. See this article for that tab.

Are all the children, children of the Decedent’s marriage?

Asked when the Decedent’s spouse died before the Decedent. Yes prints, for example: “The Decedent had two children, BART SIMPSON and LISA SIMPSON, both of whom are children of that marriage.” The wording follows the number of children: “who is a child” for one, “both of whom” for two, “all of whom” for three or more. In a married matter, the same phrase prints without a question when every child is marked as a child of both spouses on the Children and Grandchildren tab.

Is the list of children on the Children tab complete, with no other children, born or adopted, from any relationship?

Yes prints: “The Decedent had no other children, whether born to or adopted by him, including from any other relationship.” With no children entered: “The Decedent had no children, whether born to or adopted by him.”

The “no other children” statement
The Petition does not say the Decedent had no other children until this question is answered Yes. Answering No. Add them on the Children tab displays an Action Needed box: the other children are added on the Children and Grandchildren tab, and the answer is then changed to Yes.

When the Decedent was single with no children and a parent is an heir, Yes prints “The Decedent never had any children,” and an Action Needed box displays until the answer is Yes.

A deceased child entered on the Children and Grandchildren tab prints with their date of death and their children: “JOEL R MELLOR, a son of the Decedent, died on November 1, 2018, and is survived by his children, [NAMES], who take by representation and are listed on Exhibit A.” A blank date of death prints “died on __________” so it can be filled in by hand.

When the Decedent left no spouse, no descendants and no surviving parent who is an heir, the tab also asks Did either of the Decedent’s parents have children with anyone else? No prints: “Neither of the Decedent’s parents had any child with any other person.” Yes displays an Action Needed box: half-siblings inherit equally with full siblings, so each one is added on the Other Parties tab and given the Heir role so they are listed on Exhibit A. See this article for the Other Parties tab.

What the Petitioner Knows About the Family

This group does not appear when the Petitioner has no personal relationship with the Decedent or is an entity. The household question does not appear when the Petitioner is the spouse.

Did the Petitioner grow up in the Decedent’s household?	Yes prints: “Petitioner was raised in the Decedent’s household.”
Was the Petitioner in close contact with the Decedent throughout the Decedent’s life?	Yes prints: “Petitioner remained in close contact with the Decedent throughout the Decedent’s life.”
Has the Petitioner ever heard the Decedent or any relative refer to any other child?	No, never prints: “Petitioner has never heard the Decedent or any relative refer to any other child of the Decedent.” Yes prints nothing and displays a Caution box: that child may be an heir.

Who Confirmed It

The tab asks Who confirmed that the Decedent had no other children?

Every other adult heir listed on Exhibit A	Prints: “Each of the Decedent’s other adult heirs listed on Exhibit A has confirmed the same understanding to Petitioner.” With exactly one other adult heir, the sentence names them: “The Decedent’s other adult heir, MARJORIE SIMPSON, has confirmed the same understanding to Petitioner.”
The people selected below	A list, Parties who confirmed it, is used to select each adult heir who confirmed it. Anyone who is not a party is described in Others who confirmed it by their relationship to the Decedent, such as “the Decedent’s sister-in-law.” Prints: “[Names] confirmed the same understanding to Petitioner.”
No one	Nothing prints about confirmation.

When every adult heir is a Petitioner, the question becomes Who confirmed this?, with the choices The people I select below and No one.

Records and Searches

Did the Petitioner review records such as obituaries or family records?	Yes prints: “Petitioner also reviewed [records] and found no other heirs.” An optional Which records? box names them, for example the obituaries of the Decedent and the Decedent’s spouse. Without a description, the sentence reads “reviewed family records.”
Was an heir search firm or public records search used?	Yes displays Describe the search and its result, which prints as typed. With the description left blank, an Action Needed box appears and the Petition prints ACTION REQUIRED.

Anything Else

As in the first section, any text entered here prints word for word as the last sentence of the heirs paragraph.

Names, Pronouns and Capitals

A few conventions shape the sentences this tab produces:

• Every person’s name prints in capitals, whether picked from the parties or typed. Type names in capitals in any text box.
• Relationship words (son, daughter, wife) come from the pronouns entered in the interview. A blank pronoun prints the neutral word, such as “child.”
• “Will” is capitalized when it means a Last Will and Testament.