In a Washington nonintervention probate, the most common way to close the estate is by filing a Declaration of Completion of Probate under RCW 11.68.110. This process allows the Personal Representative or Administrator to complete the administration without further court involvement.
Another statutory method exists — filing a Petition for a Decree of Distribution under RCW 11.68.100 — but Agile Estate Planning does not currently provide forms to support closing probate using that method. The workflow supported by Agile EP focuses on closing the estate through a Declaration of Completion of Probate in the Closing Probate Package.
Confirm That Estate Administration Is Complete
Before preparing a Declaration of Completion, the Personal Representative or Administrator should ensure that the administration of the estate has been completed. This generally means that:
- Estate assets have been collected and identified
- Debts and expenses have been paid or otherwise resolved
- Taxes have been determined and paid or provided for
- The estate is ready for final distribution
Once administration is complete, the Personal Representative or Administrator may prepare and file a Declaration of Completion of Probate.
Prepare the Declaration of Completion
Every Declaration of Completion must include specific information describing the estate and confirming that administration has been completed. Under RCW 11.68.110(1), the required contents differ between testate and intestate estates.
The Declaration must state:
- The date of the Decedent's death and the Decedent's residence at the time of death
- That the Decedent died testate
- The date of the Decedent's Last Will and Testament
- The date of the order admitting the Will to probate
- That each creditor's claim which was justly due and properly presented has been paid or otherwise disposed of by agreement with the creditor
- That the amount of taxes assessable against the estate has been determined, settled, and paid or otherwise provided for
- That the Personal Representative has completed the administration of the Decedent's estate without court intervention and that the estate is ready to be settled and distributed
The Declaration must state:
- The date of the Decedent's death and the Decedent's residence at the time of death
- That the Decedent died intestate
- That each creditor's claim which was justly due and properly presented has been paid or otherwise disposed of by agreement with the creditor
- That the amount of taxes assessable against the estate has been determined, settled, and paid or otherwise provided for
- That the Administrator has completed the administration of the Decedent's estate without court intervention and that the estate is ready to be settled and distributed
- The names, addresses (if known), and relationship of each heir of the Decedent, together with the distributive share of each heir — as required by RCW 11.68.110(1)(f)
The heir identification requirement in intestate probate serves the same function as the Will in a testate estate — it creates the formal court record establishing who the heirs are, their relationship to the Decedent, and what share each receives. Without it there is no court document that can later be used for title purposes, confirm proper distribution, or establish the chain of heirship.
In both testate and intestate estates, the Declaration must also disclose the amount of fees paid or to be paid to the Personal Representative or Administrator, attorneys, appraisers, and accountants, together with a statement that the Personal Representative or Administrator believes the fees are reasonable and does not intend to obtain court approval of those fees or submit an estate accounting to the court for approval.
Two Paths to Close
Once the Declaration of Completion is prepared, there are two ways to close the estate. The path you choose determines whether the estate closes immediately or after a waiting period.
A probate may be closed by filing the Declaration of Completion together with signed Waivers of Notice from all required parties under RCW 11.68.110(5). This approach may be used only when:
- The Personal Representative or Administrator has nonintervention powers under RCW 11.68.011
- All required parties have signed Waivers of Notice
- Parties who received distributions have signed Receipts and Waivers confirming receipt
When all required parties have signed and waivers are filed with the Declaration, the Declaration becomes effective as a decree of distribution on the date of filing. The Personal Representative or Administrator is automatically discharged without further court order, and any bond is exonerated on the same day.
If signed Waivers of Notice are not obtained from all required parties, the Declaration of Completion may still be filed. In that situation, the Personal Representative or Administrator must comply with the notice requirements of RCW 11.68.110(4):
- File the Declaration of Completion with the court.
- Within five days of filing, mail a copy of the Declaration and a Notice of Filing to all required parties who have not signed a Waiver of Notice.
- Wait for the 30-day objection period to run.
- If no required party petitions the court within 30 days of the filing date, the Declaration becomes the legal equivalent of a decree of distribution and the Personal Representative or Administrator is discharged.
The 30-day waiting period runs from the date the Declaration is filed with the court — not from the date it is mailed to the required parties. The Declaration must be mailed within five days of filing, so recipients may have approximately 25 days from receipt of the mailing to file an objection.
The letters generated by the Closing Probate Package reference a 35-day period. This reflects the full practical timeline from the perspective of the parties receiving notice — 30 days for the objection period to run from the filing date, plus up to 5 days within which the Personal Representative or Administrator must make final distribution after the objection period closes.
If a required party petitions the court within the 30-day period, the matter will proceed to court for resolution before the estate may be closed.
Who Gets Notice of the Declaration of Completion
As of the 2021 amendment to RCW 11.96A.030, "party" is defined broadly as any person who has a legal or equitable interest in, or who holds a power or a claim with respect to, the subject of a matter. This is a significantly broader definition than prior law, which listed specific categories such as heirs, legatees, and devisees. Required parties in a probate closing include:
- Heirs
- Estate beneficiaries (testate estates)
- Nonprobate asset beneficiaries
- Creditors with approved claims that remain unpaid or unsatisfied
- Special notice recipients
- Any other party whose property rights might be adversely affected by the discharge
Why nonprobate beneficiaries are required parties
A nonprobate beneficiary receives assets outside the probate estate — through a POD account, TOD deed, joint tenancy, retirement account, or similar instrument. Even though those assets pass outside probate, the Personal Representative's administration of the estate could have affected the nonprobate beneficiary's interests. For example, the PR may have allocated estate taxes or expenses in a way that impacted the nonprobate assets, or taken actions during administration that affect the nonprobate beneficiary's legal or equitable position. Because of this, nonprobate beneficiaries fall within the broad 2021 definition of "party" under RCW 11.96A.030 and are entitled to notice of the Declaration of Completion filing.
Creditors with unsatisfied claims are required parties A creditor who has received full payment and filed a satisfaction or release has no remaining property right in the estate and does not need to receive notice of the Declaration filing. If your estate has creditors with approved claims that remain unpaid or unsatisfied at the time of filing, you must provide notice to those creditors manually outside the system — the Closing Probate Package does not automatically generate notice documents for creditors. If all creditors are fully paid with satisfactions on file, notice of the Declaration filing need only go to the parties assigned roles on the Assign Roles tab.
For parties who are assigned roles on the Assign Roles tab, the Closing Probate Package generates the appropriate closing document for each:
| Receipt and Waiver of Notice | Signed by parties receiving a distribution from the estate. Confirms receipt of their full distribution, waives notice of the Declaration of Completion under RCW 11.68.110(5), and releases the Personal Representative or Administrator. |
| Waiver of Notice | Signed by parties entitled to notice who are not receiving a direct distribution from the estate — including nonprobate beneficiaries. Waives notice of the Declaration of Completion and releases the Personal Representative or Administrator. |
Confirm role assignments before generating closing documents
The system generates notice and waiver documents based on role assignments from the Assign Roles tab. If a party entitled to notice was not assigned a role — or was assigned an incorrect role — they may be omitted from the closing documents. Review role assignments carefully before assembling the Closing Package.
How Notice Is Given
Under RCW 11.68.110(4), the Declaration of Completion and the Notice of Filing must be mailed to all required parties who have not signed a Waiver of Notice within five days of the filing date. The statute requires mailing — personal service is not required for this notice.
The Closing Probate Package generates a Declaration of Mailing to document that notice was properly mailed. This Declaration should be signed by the person who mailed the notice and filed with the court. The date of filing — not the date of mailing — starts the 30-day objection period.
Retention of Tax Powers
In some estates, taxes have not been finally determined at the time the Declaration of Completion is filed. RCW 11.68.114 permits the Personal Representative or Administrator to retain limited powers after the Declaration is filed for the sole purpose of resolving outstanding tax obligations.
When the tax powers reservation applies, the Declaration must:
- State that administration is complete except for the determination of taxes, interest, and penalties
- Identify the amount of the tax reserve the Personal Representative or Administrator will retain beyond the closing date
The tax reserve is a separate amount withheld from final distribution. Final distribution of the remainder of the estate proceeds on the normal closing timeline. After the tax reserve is resolved, the Personal Representative or Administrator will communicate with heirs and beneficiaries about any remaining distribution from the reserve.
The tax powers reservation does not prevent the estate from closing under the Declaration of Completion. It allows the Personal Representative or Administrator to retain authority to settle tax matters after the estate is otherwise distributed and closed, as permitted under RCW 11.68.114.