Court Rules Detail Lookup
Back to Court Rules page


LSPR 98.04

     ‚Äč(a) Ex Parte Hearings. All probate matters that are not contested, and in which notice is not required by statute, rule, or a duly filed request for notice under RCW 11.28.240, or where such notice has been waived, may be heard ex parte. Ex parte probate matters may be presented by mail in compliance with the requirements of LCR 7.

     (b) Testimony. Testimony required to open a proceedings may be presented orally, by affidavit or by verified petition.

     (c) Bonds to be Signed by Principal. All bonds required of personal representative shall be signed by the principal and sureties.

     (d) Order for Production of Wills. Upon filing a petition showing jurisdictional facts as to the estate of a deceased person and alleging that a will exists and is in a safety deposit box to which the deceased had access, any person having control of such safety deposit box may be directed by court order to open such box in the presence of the petitioner. If a document purporting to be a will of the deceased is found, the custodian of such safety deposit box shall deliver the same to the County Clerk. The clerk, on demand, and on payment of fees, shall issue a receipt for the same, attaching a copy of the will. The fees and mileage to the custodian for such delivery shall be the same as those for any witness and shall be paid by the petitioner, together with expenses incurred.

     (e) Probate Homesteads; Prior Claims. In all cases where a petition for allowance in lieu of homestead is filed by the surviving spouse, vouchers showing payment of funeral expenses, expenses of last sickness and of administration including fees of appraisers, or that such payment has been provided for, must be filed at or before the time of the hearing.

[Effective October 1, 1982; amended May 1, 1990; March 1, 1995; September 1, 2017.]