Intestate Probate: Case Details Tab for Opening Package

This article covers the Case Details tab in the Intestate Probate Opening Package. The Case Details tab controls case caption information, venue, and several intestate-specific questions that directly affect the petition language and legal strategy. Review and complete all fields on this tab every time — some fields appear conditionally based on the decedent's marital status and when the petition is being filed.

Your responses here affect the Petition, the proposed Order, bond exemption analysis, and certain notice and waiver requirements.

Case Number and Court Information

Enter the case number if one has already been assigned, and select the court county. If the matter is filed in King County, an additional field will appear to select the courthouse location.

If no case number has been assigned yet, leave that field blank. You can return to enter it once the case has been filed.

Proof of Decedent's Death

Select how you will provide proof of the decedent's death to the court.

Redacted death certificate with cover sheet	The most common method. The system generates a cover sheet to accompany the redacted certificate.
Attorney declaration confirming possession of the certificate	An attorney declaration is included in the petition package in lieu of filing the certificate itself.
Attorney declaration confirming death via funeral home	Used when the attorney has confirmed the decedent's death through the funeral home rather than through possession of the certificate. Enter the funeral home name when prompted.
Redacted death certificate without a cover sheet	Files the certificate directly without a cover sheet.
Use a custom description	Enter your own description of how proof of death will be provided.

Surviving Spouse — Entitlement to Entire Estate

This question appears when the decedent was married at death. It asks whether the surviving spouse is entitled to receive the entire estate after provision for expenses and creditor claims.

Answer Yes	All property is community property and all children are joint children of both the decedent and the surviving spouse. The spouse is the sole heir under RCW 11.02.070.
Answer No	The estate includes separate property, partial community property, or children who are not joint children of both spouses. Other heirs share in the estate alongside the spouse.

40-Day Filing Window

This question appears when the decedent was married at death. It asks whether the petition will be filed within 40 calendar days of the decedent's death.

Under RCW 11.28.030, a surviving spouse has a preferential right to administer community property. When a non-spouse petitioner files within 40 days, the petition must account for the spouse's community property administration rights — typically through a spousal waiver. The system uses your answer here to determine which notice and waiver documents are required on the Notices & Waivers tab.

This is the 40-day community property window under RCW 11.28.030 — it is separate from the 60-day priority tier lapse window under EHB 2445. The 40-day window concerns the surviving spouse's right to administer community property. The 60-day window concerns when higher-priority petitioners' rights lapse. Both may apply to the same matter but they serve different purposes and are addressed on different tabs.

If you are unsure whether the 40-day window applies, answer Yes. The system will generate the appropriate spousal waiver language. It is better to include the waiver unnecessarily than to omit it when required.

Confirm the Lack of Will

Select the basis for the statement in the petition that the decedent died without a valid Will. Under RCW 11.28.110 as amended by EHB 2445 (effective June 11, 2026), the petition must state the basis of the applicant's knowledge that the decedent died without a Will. The system generates the required petition language based on your selection.

No will was ever executed	Use when the petitioner has personal knowledge that the decedent never executed a Will.
A will has not been found after a reasonable search	Use when the petitioner has conducted a reasonable search of the decedent's residence and belongings and no Will has been located.
Use a custom description	Enter your own description when neither standard option accurately reflects the facts.

The petition must accurately reflect the basis for proceeding without a Will. If a Will is subsequently located after the petition is filed, the proceeding may need to be converted to a testate administration.

How Heirs Were Identified

Select the method used to identify the decedent's heirs. Under RCW 11.28.110 as amended by EHB 2445 (effective June 11, 2026), the petition must provide details of the applicant's reasonable search for any known heirs. The system generates the required petition language based on your selection.

Personal knowledge of family	The petitioner has personal knowledge of the decedent's family and identified all heirs through direct family communication and personal knowledge.
Family communication and personal records	Heirs were identified through direct family communication and review of the decedent's personal records and documents.
Family, personal records, and public records	Heirs were identified through direct family communication, review of the decedent's personal records, and a search of publicly available records.
No family relationship — third-party search	The petitioner has no personal family relationship with the decedent. Heirs were identified through a review of available personal papers, communications with known family members or advisors, and a search of publicly available records.
Use a custom description	Describe the search conducted when none of the standard options accurately reflects the facts.

Unless the petitioner is the surviving spouse or next-of-kin, the petition must also include a general description of the major probate assets of the estate, including real property, motor vehicles, and any property or interest estimated to exceed $10,000 in value. See RCW 11.28.110(3) as amended by EHB 2445. Asset description information is entered on the Petitioner Information tab.