Overview
Franklin County is located in Washington with a population of approximately 101,238. The Franklin 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 Probate of Will, Letters Testamentary, or Letters of Administration 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 "Small Estate Affidavit" procedure for estates valued at $100,000 or less, provided the decedent had no real property in the state (or it is not part of the probate estate) and at least 40 days have passed since 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 contested.
This guide provides an informational overview of the Franklin 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
Franklin County Superior Court
Probate matters in Franklin County are handled at the Franklin County Courthouse.
Address: 1016 N 4th Ave, Ste 306, Pasco, WA 99301-3706
Phone: (509) 545-3525 (County Clerk)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Superior Court Clerk's office is responsible for accepting filings and maintaining court records. The courthouse is located in Pasco, the county seat.
Parking and Access
Public parking is available around the courthouse building. 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 estate is valued at $100,000 or less and includes no real property, 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 Franklin County Superior Court. Include:
- Case Information Cover Sheet
- Original Will (if applicable)
- Certified Death Certificate
- Filing fee (approximately $240)
- Proposed Order and Oath of Personal Representative
Electronic filing (e-filing) is available and encouraged in Franklin County via the Odyssey File & Serve system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (if required) or notice of appointment to all heirs, beneficiaries, and interested parties within 20 days of appointment.
- Publish notice in a newspaper of general circulation in Franklin County for three successive weeks to alert creditors.
Step 4: Attend the Hearing
Many probate petitions in Washington can be handled ex parte (without a hearing) if all documents are in order. If a hearing is required, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish a Notice to Creditors and mail it to known creditors (creditor claim period is generally 4 months).
- 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
Franklin County-Specific Procedures
- E-filing: Franklin County utilizes the Odyssey File & Serve system for electronic filing.
- Local Rules: Consult the Benton/Franklin Counties Superior Court Local Rules (LCR) for specific procedural requirements, particularly LCR 98.04 regarding probate.
- Publication: Notice to creditors must be published in a legal newspaper approved by the court, such as the Tri-City Herald.
- Ex Parte: Many routine probate orders can be presented ex parte via the Clerk's office with the appropriate fee.
Timeline & Fees
Filing Fees (Franklin County)
- Probate Petition: approximately $240
- Small Estate Affidavit: Filing fee may vary or be minimal if filed with the clerk (often around $20-$30 for filing only, though not always required to be filed).
- Certified copies of Letters: approximately $5 for the first page and $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-month creditor claim period).
- Average estates: 9-12 months.
- Complex or contested estates: 12 months to 2 years or more.
The timeline is largely dictated by the mandatory four-month creditor claim period following publication of notice.
Local Resources
Franklin County Court Resources
- Court Website: franklincountywa.gov
- Probate Self-Help: Washington LawHelp
- Washington Probate Forms: courts.wa.gov
Legal Aid and Attorney Referrals
- Benton-Franklin County Bar Association: Local attorney listings and resources.
- CLEAR (Coordinated Legal Education, Advice and Referral): 1-888-201-1014 — Legal aid intake for low-income residents.
- WSBA Moderate Means Program: wsba.org
Publication
- Tri-City Herald: (509) 582-1500 — tri-cityherald.com