The Notices & Waivers tab determines whether advance notice of the Petition to Open Probate is required, whether a hearing will be noted, and which waiver documents (if any) should be generated.
Your selections here directly affect:
Whether the Petition must be set for hearing;
Whether advance notice must be given;
Whether waiver documents are drafted;
Whether consent language (including bond-related consent) is incorporated.
Because notice requirements are fact-specific, this tab should be completed only after all parties and roles have been entered and categorized.
This article addresses advance notice and waivers required when opening probate. If you are looking for notice requirements after the Personal Representative has been appointed, see: Post-Appointment Notice Requirements.
Choosing How to Handle Advance Notice or Waivers
At the top of the tab, you must select how you intend to proceed with advance notice and waivers. The Agile EP system provides four procedural options:
No advance notice or waivers required
Gather waivers before noting a hearing
Note the Petition for hearing and provide advance notice
Note the Petition and both provide advance notice and gather waivers
Your selection determines whether the system will:
Draft waiver documents
Include hearing language in the Petition
Generate Notice of Hearing documents
Prepare a Note for Motion Docket
Insert appropriate notice or consent language in the pleadings
If you select that no advance notice or waivers are required, the system will not draft notice or waiver documents, so this option should be confirmed carefully.
If you are uncertain whether notice or waivers are required, select the option indicating that notice and waivers are required and review the system’s recommendations based on the roles entered for each party.
How the System Recommends Notices and Waivers
Once all parties and roles have been entered, the system evaluates the statutory notice rights that may apply.
Based on the notice strategy you select, the system will:
Recommend and draft Spousal Waivers when the surviving spouse has a statutory notice right
Recommend and draft Non-Spousal Waivers for heirs, beneficiaries, or other interested parties
Prepare a Notice of Hearing and Note for Motion Docket if you choose to provide advance notice and set the Petition for hearing
These recommendations are based on the statutory notice rules described below.
Important: The software helps identify who must receive notice or who may waive notice, but you must determine and comply with the correct timing requirements for advance notice under local court rules and applicable statutes.
Rights That May Require Advance Notice or Waiver
Most of the information needed to determine whether notice or waivers are required is gathered throughout the probate drafting interview, particularly information related to:
Granting letters
Administering community property
Granting nonintervention powers
The most common notice rights arise in the situations described below.
A Petition for Letters of Administration with Will Annexed
Under RCW 11.28.131, advance notice of hearing must be given to the spouse if:
- The spouse is not the Petitioner,
- The Petitioner is not named in the Will, and
- The Petitioner was not nominated by the spouse (either by power granted in the Will or by statute).
If this rule applies, the spouse may waive the notice requirement by signing a Spousal Waiver that contains waiver of this notice right. Otherwise, the Petitioner must serve the spouse with a Notice of Hearing and file a Note for Motion Docket to set the hearing on the court calendar.
Spousal Right To Administer Community Property
Under RCW 11.28.030, Spouse gets advance notice of hearing on the petition to open probate when:
- The spouse is NOT Petitioner,
- The Petition is filed less than 40 days since the death of Decedent, and
- Estate is all community property or partial community property
If this rule applies, the spouse may waive the notice requirement by signing a Spousal Waiver that contains waiver of this notice right. Otherwise, the Petitioner must serve the spouse with a Notice of Hearing and file a Note for Motion Docket to set the hearing on the court calendar.
Granting Nonintervention Powers
Notice requirements for nonintervention powers depend on whether the Petition qualifies under RCW 11.68.011(2)(a) or RCW 11.68.011(2)(c).
When Advance Notice Is Not Required
(RCW 11.68.011(2)(a))
Advance notice of a petition requesting nonintervention powers is not required when:
The Petitioner is named Personal Representative in the Will
The Will does not prohibit nonintervention powers
The estate (including probate and nonprobate assets) appears solvent
When Advance Notice Is Required
(RCW 11.68.011(2)(c) and RCW 11.68.041)
If the Petitioner is not named in the Will, the court may still grant nonintervention powers if:
The estate appears solvent
The Petitioner is not a creditor
The Will does not prohibit nonintervention powers
However, in that situation advance notice must be given to:
The surviving spouse
Heirs
Probate beneficiaries
Any special notice recipients
These parties may either:
Waive notice by signing a Spousal Waiver or Non-Spousal Waiver, or
Receive advance notice of the hearing, after which the Petitioner must file a Note for Motion Docket and serve a Notice of Hearing.