Overview
Benton County is located in Washington with a population of approximately 218,000. The Benton County Superior Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Washington probate is governed by Title 11 of the Revised Code of Washington (RCW). The process begins with filing a Petition for Letters Testamentary (if there is a will) or Petition for Letters of Administration (if there is no will) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Washington offers a simplified process for small estates called the Small Estate Affidavit procedure. This is available if the value of the probate estate (excluding liens and encumbrances) does not exceed $100,000, and the decedent had no real property in the state (or the real property is not part of the probate estate).
Washington does not have a statutory fee schedule for attorneys or personal representatives; fees must be "reasonable" based on the services provided.
This guide provides an informational overview of the Benton County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Benton County Superior Court
Probate matters in Benton County are handled at the Benton County Justice Center.
Address: 7122 W Okanogan Pl, Ste A210, Kennewick, WA 99336-2359
Phone: (509) 735-8388 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 12:00 PM and 1:00 PM to 4:00 PM
The Superior Court serves both Benton and Franklin counties, but filings for Benton County residents should be directed to the Benton County Clerk in Kennewick.
Parking and Access
Free parking is generally available at the Justice Center complex. Visitors pass through security screening upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the probate estate is valued at $100,000 or less and includes no real estate, you may be able to use a Small Estate Affidavit after a 40-day waiting period.
- Community Property Agreement: If the decedent and spouse had a valid Community Property Agreement, assets may transfer without probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Letters with the Benton County Superior Court. Include:
- Case Information Cover Sheet
- Original Will (if applicable)
- Certified Death Certificate
- Filing fee (approximately $240–$290)
- Proposed Order Appointing Personal Representative
- Oath of Personal Representative
Benton County allows for e-filing through the Odyssey File & Serve system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the appointment to all heirs, beneficiaries, and interested parties within 20 days of appointment.
- Publish notice in a newspaper of general circulation in Benton County (such as the Tri-City Herald) for three successive weeks to alert creditors.
Step 4: Attend the Hearing
Many probate petitions in Washington can be handled "ex parte" (without a formal hearing) if all documents are in order. If a hearing is required, the court will schedule it upon filing. Once approved, the Clerk issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow for the 4-month creditor claim period
- Inventory and appraise all estate assets within 3 months
- Pay valid creditor claims and administrative expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Declaration of Completion of Probate to close the estate
Local Requirements
Benton County-Specific Procedures
- E-filing: Benton County utilizes the Odyssey File & Serve system for electronic filing.
- Local Court Rules: Benton and Franklin Counties share a set of Local Court Rules (LCR). Review LCR 98.04 regarding probate and guardianship procedures.
- Case Schedule: The court may issue a case schedule setting deadlines for specific milestones.
- Publication: Notice to creditors is typically published in the Tri-City Herald.
Always check with the Benton County Clerk's office for the most current local forms and procedural requirements.
Timeline & Fees
Filing Fees (Benton County)
- Probate Petition: approximately $240–$290 (Base fee is set by RCW 36.18.020, plus local surcharges)
- Small Estate Affidavit: Filing fee varies, often a smaller recording fee if filed with the auditor, or a filing fee if filed with the court.
- Certified copies of Letters: approximately $5 for the first page, $1 for each additional page
- Publication costs: approximately $150–$300 depending on the newspaper
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a processing fee).
Estimated Timelines
- Simple estates: 6–9 months (minimum 4 months for creditor claims)
- Average estates: 9–18 months
- Complex or contested estates: 18 months to 2 years or more
The timeline is largely dictated by the 4-month creditor claim period and the time needed to liquidate assets and settle taxes.
Local Resources
Benton County Court Resources
- Court Website: https://www.bentoncountywa.gov/pview.aspx?id=55107&catid=45
- County Clerk: https://www.bentoncountywa.gov/pview.aspx?id=703&catid=47
- Washington State Probate Forms: https://www.courts.wa.gov/forms/
Legal Aid and Attorney Referrals
- Benton-Franklin County Bar Association: https://bfbar.com/
- Northwest Justice Project: (888) 201-1014 — Low-income legal assistance
- WSBA Find Legal Help: https://www.wsba.org/for-the-public/find-legal-help
Publication
- Tri-City Herald: (509) 582-1500 — https://www.tri-cityherald.com/