Overview
Cowlitz County is located in Washington with a population of approximately 110,730. The Cowlitz 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 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. If the value of the decedent's entire estate subject to probate does not exceed $100,000, and certain other conditions are met, a Small Estate Affidavit procedure may be used to claim personal property without formal probate court hearings. This requires a 40-day waiting period after death.
Washington does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable and are subject to court review if requested.
This guide provides an informational overview of the Cowlitz 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
Cowlitz County Superior Court
Probate matters in Cowlitz County are handled at the Hall of Justice.
Clerk's Office (for filing): 312 SW 1st Ave, Room 233, Kelso, WA 98626
Superior Court Administration: 312 SW 1st Ave, Suite 250, Kelso, WA 98626
Phone: (360) 577-3016 (Clerk's Office) | (360) 577-3085 (Court Administration)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Superior Court Clerk's office is located on the second floor of the Hall of Justice in Room 233. The court handles probate, guardianship, and other civil matters.
Parking and Access
Public parking is available near the Hall of Justice in Kelso. Visitors must pass through security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the probate estate consists of personal property valued at $100,000 or less, 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 automatically.
- 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 Testamentary or Petition for Letters of Administration with the Cowlitz County Superior Court. Include:
- Original Will (if applicable)
- Certified copy of the Death Certificate
- Case Cover Sheet
- Order Admitting Will and Appointing Personal Representative
- Oath of Personal Representative
- Filing fee ($290.00)
E-filing is available for attorneys and may be mandatory for certain case types; pro se litigants typically file in paper.
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 to creditors in a newspaper of general circulation in Cowlitz County (such as The Daily News) for three successive weeks.
Step 4: Attend the Hearing
Many probate petitions in Cowlitz County can be handled ex parte (without a formal hearing) if all documents are in order and the appropriate ex parte fee is paid. If a hearing is required, the court will schedule it.
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 taxes
- Distribute assets to beneficiaries
- File a Declaration of Completion of Probate to close the estate
Local Requirements
Cowlitz County-Specific Procedures
- Ex Parte Probate: Routine probate matters are often handled on the ex parte docket. There is a $20.00 ex parte fee for presentation of orders.
- Local Court Rules: Cowlitz County has specific Local Court Rules (LCR) that may apply to probate and guardianship matters.
- Will Repository: If no probate is filed, the original will must still be filed with the Clerk's Office within 40 days of death (fee: $20.00).
- Publication: Notice to creditors is typically published in The Daily News.
Timeline & Fees
Filing Fees (Cowlitz County)
- Probate Filing Fee: $290.00
- Will Only (No Probate): $20.00
- Ex Parte Fee: $20.00
- Certified copies of Letters: $5.00 for the first page, $1.00 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 (convenience fees apply for cards).
Estimated Timelines
- Simple estates: 6-9 months (minimum 4 months for creditor claims)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The timeline is largely dictated by the mandatory 4-month creditor claim period following publication of notice.
Local Resources
Cowlitz County Court Resources
- Court Website: https://www.cowlitzsuperiorcourt.us
- Clerk's Office: https://www.co.cowlitz.wa.us/158/Clerk-of-Superior-Court
- Washington Probate Forms: https://www.courts.wa.gov/forms
Legal Aid and Attorney Referrals
- Cowlitz-Wahkiakum Bar Association: Local attorney listings
- Northwest Justice Project: (888) 201-1014 — Low-income legal assistance
- Washington State Bar Association: https://www.wsba.org
Publication
- The Daily News: (360) 577-2500 — Newspaper of general circulation in Longview/Kelso