This article covers the Notice & Waivers tab in the Intestate Probate Opening Package.
This tab determines whether advance notice of the Petition to Open Probate is required, whether a hearing will be noted, and which waiver documents should be generated. Your selections here directly affect:
- Whether the Petition must be set for hearing
- Whether advance notice must be given to specific parties
- Whether waiver documents are drafted
- Whether consent language is incorporated into waiver documents
Because notice requirements are fact-specific, this tab should be completed only after all parties and roles have been entered and the Petitioner Information and Bond & Nonintervention Powers tabs are complete.
This article addresses advance notice and waivers required when opening probate. For notice requirements after the Administrator has been appointed, see the Post-Appointment Notice Requirements article.
Choosing How to Handle Advance Notice or Waivers
At the top of the tab, select how you intend to proceed with advance notice and waivers. The system provides four procedural options:
| No advance notice or waivers required | The system will not draft notice or waiver documents. Select this only after confirming that no notice obligations apply. If the system identifies recommended waivers after you select this option, a warning will appear — you must either apply the recommendations or affirmatively confirm you are proceeding without them. |
| Gather waivers before noting a hearing | The system will generate waiver documents for the relevant parties. Obtain signed waivers before proceeding to note a hearing. This is the most common path when advance notice can be waived. |
| Note the Petition for hearing and provide advance notice | The system will generate a Notice of Hearing and Note for Motion Docket. No waivers are gathered — parties receive advance notice instead. |
| Note the Petition for hearing and gather waivers | The system will both note a hearing and generate waiver documents. Use this path when some parties will waive and others will receive advance notice, or when you want to pursue both simultaneously. |
If a party has requested Special Notice
When a party has filed a request for Special Notice of the petition, you may only select one of the two hearing options. The no-waivers and waivers-only paths are not available when Special Notice has been requested.
System Recommendations
Once you select a procedural path, click the Recommendations button to have the system evaluate the statutory notice rights that apply based on the information entered throughout the interview. The system will check and recommend the appropriate waiver checkboxes automatically.
If no boxes are checked after clicking Recommendations, the system does not believe any waivers are required based on the information entered. You may manually check boxes if you believe waivers are needed.
The system recommends — it does not decide. You are responsible for confirming that the correct notice and waiver determinations have been made before assembling documents. If you believe a waiver is required that the system has not recommended, check the box manually.
Spousal Waivers
The Spousal Waivers section appears when the decedent was married at death. Three separate spousal waiver rights may apply depending on the facts of the matter. Each is a separate checkbox and generates language in a Spousal Waiver document for the surviving spouse to sign.
Under RCW 11.28.131, a surviving spouse is entitled to advance notice of the hearing on the petition for Letters of Administration when the spouse is not serving as Administrator. The spouse must waive this right in writing.
This waiver is required when the surviving spouse is not serving as Administrator — whether because a non-spouse is petitioning on their own statutory priority, or because the surviving spouse has designated another person to serve. In both situations, the spouse must sign the Spousal Waiver document to waive advance notice of the Letters hearing.
This waiver is not required when the surviving spouse is the petitioner.
Under RCW 11.28.030, a surviving spouse has a preferential right to administer community property. When a non-spouse is petitioning and the petition is filed within 40 days of death, the spouse must either exercise that right or waive it.
This waiver is required when:
- The surviving spouse is not serving as Administrator — whether petitioning on their own priority or designating another to serve,
- The petition is filed within 40 days of the decedent's death, and
- The estate includes community property.
If the 40-day window has passed or the estate has no community property, this waiver is not required.
This waiver is not required when the surviving spouse is the petitioner.
Under RCW 11.68.041, when nonintervention powers are requested in an intestate estate and the surviving spouse is not serving as Administrator, the spouse is entitled to advance notice of the hearing on that request. The spouse may waive this right.
This waiver is required when:
- The surviving spouse is not serving as Administrator — whether a non-spouse is petitioning on their own priority or the spouse has designated another person to serve, and
- Nonintervention powers are being requested.
This waiver is not required when the surviving spouse is the petitioner.
When the surviving spouse has designated another person to serve, the Designation of Administrator document does not satisfy this waiver. A separate Spousal Waiver document covering the nonintervention powers hearing is still required.
Non-Spousal Waivers
The Non-Spousal Waivers section applies to heirs other than the surviving spouse. In intestate probate, one non-spousal waiver right applies.
Waiver of Advance Notice of the Nonintervention Powers Hearing — RCW 11.68.041 and RCW 11.68.011
Under RCW 11.68.041, when nonintervention powers are requested in an intestate estate, any heirs other than the surviving spouse are entitled to advance notice of the hearing on that request. Each such heir may waive this right.
This waiver is required when:
- Nonintervention powers are being requested, and
- There are heirs other than the surviving spouse who have not otherwise waived this right.
This waiver is not required when the surviving spouse is the sole heir — meaning all property is community property and all children are joint children of both the decedent and the surviving spouse. In that situation there are no non-spousal heirs to notify.
The system generates a Non-Spousal Waiver document addressed to each party assigned an heir role on the Assign Roles tab. Each heir must sign.
Notice of Hearing
If you select a procedural path that includes noting a hearing, the system will generate a Notice of Hearing and Note for Motion Docket. You must enter the hearing details when prompted.
Washington law requires that you give notice of the hearing to all heirs. The system will generate notices and letters addressed to each party assigned an heir role on the Assign Roles tab, and a declaration of mailing for proof of service.
Hearing details vary by county. For King County matters, additional fields will appear for the motion filing date and ex parte probate calendar information. For all other counties, enter the hearing date, time, room or department, and judge or commissioner.
The system generates notice documents based on the hearing details you enter and the parties assigned heir roles. You are responsible for complying with the correct advance notice timing requirements under local court rules and applicable statutes.