This article walks you through drafting the Opening Pleadings for a Washington nonintervention probate (testate estate) using the Testate Probate Opening Package.
The Opening Package generates the pleadings and related documents required to open probate when the decedent left a valid Will. The system assembles documents based on the information you enter in the drafting interview — particularly the parties entered and the roles assigned to them. Because role assignments control document generation, notice provisions, and signature blocks, accuracy in the interview is critical.
If you are new to using the Opening Package or would like to see 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 Testate Probate Document Packages.
- Select Opening Package.
This launches the drafting interview for the testate 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 section carefully. The system uses the information entered to determine:
- Who must receive notice
- How parties are identified in pleadings
- Which documents are generated
- Signature blocks and caption language
Below is an overview of each section.
Client Information
This is the tab where you enter the personal and contact information for your client, typically the person petitioning to be appointed as Personal Representative. Select whether the client is a person or an entity, then complete the contact details, salutation for letters, and mailing address. For more detail on completing this tab, see this article.
Decedent Information
This is the tab where you enter relevant information about the Decedent, which will dictate the structure of the core probate pleadings. For additional details about this tab, see this article.
Surviving Spouse Information
This tab will appear if the decedent was married at death and the spouse is not the petitioner-client. This information helps to determine the identity of the Decedent's heirs and ensures spousal rights, notice and waivers are addressed. See this article for additional details.
Children and Grandchildren
This tab is where you enter information about the Decedent's living children or deceased children who left living descendants. The information entered here includes the parentage, contact information, and capacity status for each descendant, which helps to determine the identity of the Decedent's heirs and proper rights, notice and waiver. See the Children and Grandchildren Tab article for detailed guidance.
Other Parties
This tab is where you enter all remaining interested and necessary parties to the probate matter (other than the spouse, children and grandchildren). These types of parties often include individuals, trusts, charities, UTMA custodians, nonprobate beneficiaries, and heirs not previously entered. This tab also has a tool to help you confirm the Decedent's heirs based on your earlier entries. See the Other Parties Tab article for further details about how to enter these additional parties.
Assign Roles to Parties (Important)
Probate can be complicated because a person may have multiple roles in the legal proceeding. This tab allows you to assign one or more matter-specific roles to each party you've entered into the system. Every party must be assigned at least one role, either an heir, an estate beneficiary, a nonprobate asset beneficiary or a special notice recipient.
Ultimately, this tab manages proper identification of parties but also proper delivery of notices and waivers to those parties. If roles are not assigned properly, then key parts of the probate documents will be incorrect or even fail due process requirements. Learn more about how to properly complete this critical tab in this article.
Case Details
This tab controls case caption information, venue, and specific options that may be available in the drafting package. The fields on this tab will vary depending on the drafting package selected, so it is important to review and complete all fields on this tab every time.
Firm Details
This tab controls the responsible attorney and, if applicable, the notary for this matter. The information selected here populates signature blocks, attorney declarations, bar number references, and contact information in the pleadings throughout the matter.
Will Information
This tab is where you will enter all details of the Decedent's Will (and any Codicils), any tangible personal property list, and the existence of any nonprobate assets. The information entered on this tab dictates the how core portions of the Petition and Order describe proof of the valid execution of the Decedent's estate planning documents. See the Will Information Tab article for detailed guidance about how to complete this tab.
Petitioner Information
This tab is where you will describe the authority for the Petitioner to ask for appointment as Personal Representative. This tab will walk through how and by whom the Petitioner was named to be Personal Representative, including whether the authority to act based upon statutory priority or written designation by a permitted person. This tab informs important portions of the Petition and Order, and triggers drafting additional supporting pleadings if needed. To review additional information about this tab, see in this article.
Bond & Nonintervention Powers
This tab is where you will enter information about the basis for waiving (or imposing minimal) bond and whether and why noninervention powers should be granted. For more details about completing this tab, see this article.
Notice & Waivers
This tab is where you select how you would like to present your pleadings to open probate both to the court and to the necessary parties. If your petition requires notice (or waivers), you may prepare documents necessary to note a hearing, deliver notice of the hearing or gather waivers. The tab is designed to support multiple workflows, including, for example a path to note a hearing and deliver notice but to request waivers to shorten the time to hearing. To learn more about the options on this tab, see this article.
Document Selection
This tab displays all of the documents that can be drafted in the package. Not every document will be relevant for every matter, so you can click Select recommended documents to have the system automatically select the pleadings it recommends based on the information you entered in the earlier interview tabs.
Documents that are not applicable to your answers will appear grayed out, while others in the package may remain optional (such as checklists) and can be selected manually if you would like to include them.
Assemble Your Documents
Once you have selected your documents, proceed to Assemble Documents to generate the final pleadings. For detailed instructions, see this article.