Overview
Lincoln County is located in Washington with a population of approximately 11,862. The Lincoln 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 (Probate and Trust Law). The process begins with filing a Petition for Letters of Administration or Letters Testamentary 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 was transferred non-probate) and debts are paid.
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 Lincoln 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
Lincoln County Superior Court
Probate matters in Lincoln County are handled at the Lincoln County Courthouse.
Address: 450 Logan St, 2nd Floor, Davenport, WA 99122
Phone: (509) 725-3081 (Superior Court) / (509) 725-1401 (County Clerk)
Hours: Monday through Friday, 9:00 AM to 4:00 PM (verify current hours with the court)
The Superior Court Clerk's office accepts filings and maintains probate records. The court is located on the second floor of the courthouse.
Parking and Access
Street parking is generally available around the courthouse in Davenport. The building is accessible to the public during business hours, with security screening at the entrance.
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.
- Non-Probate Transfers: Assets with designated beneficiaries (like life insurance or payable-on-death accounts) or held in joint tenancy bypass 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 Lincoln County Superior Court. Include:
- Case Information Cover Sheet
- Original Will (if applicable)
- Certified Death Certificate
- Filing fee (approximately $250)
- Proposed Order and Oath of Personal Representative
Electronic filing may be available; check with the Clerk's office for current e-filing procedures.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (if non-intervention powers are not granted immediately) or notice of appointment to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Lincoln County (such as The Lincoln County Record-Times) for three successive weeks.
Step 4: Attend the Hearing
Many probate petitions in Washington can be handled "ex parte" (without a formal hearing) if all paperwork is 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:
- Notify creditors and allow a 4-month period for claims
- 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
Lincoln County-Specific Procedures
- Filing Method: Filings are typically accepted in person or by mail. Contact the Clerk at (509) 725-1401 to confirm if email/fax filing is permitted for initial petitions.
- Bond: A bond may be required unless the will waives it or all heirs/beneficiaries waive the requirement.
- Local Rules: Lincoln County follows Washington State Superior Court Civil Rules, with specific local rules (LCR) potentially applying to scheduling.
- Publication: Notice to creditors must be published in a legal newspaper in Lincoln County, such as The Lincoln County Record-Times.
Always check with the Lincoln County Superior Court Clerk for the most up-to-date local forms and procedural requirements.
Timeline & Fees
Filing Fees (Lincoln County)
- Probate Petition: approximately $250
- Small Estate Affidavit: Filing fee may vary (often a smaller recording fee if filed)
- Certified copies of Letters: approximately $5 for the first page, $1 for each additional page
- Publication costs: approximately $150-$300 depending on the newspaper
- Ex Parte Fee: approximately $30 (if applicable for separate orders)
Washington law requires attorney and personal representative fees to be "reasonable" based on the complexity of the estate, rather than a fixed percentage.
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee; confirm with the Clerk.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period in Washington is 4 months from the date of first publication of notice, which sets a minimum timeline for closing the estate.
Local Resources
Lincoln County Court Resources
- Court Website: https://www.co.lincoln.wa.us/198/Superior-Court
- Probate Self-Help: https://www.washingtonlawhelp.org/en/topics/life-planning/when-someone-dies
- Washington Probate Forms: https://www.courts.wa.gov/forms/
Legal Aid and Attorney Referrals
- Lincoln County Bar Association: Contact the court for local listings
- 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
- The Lincoln County Record-Times: (509) 725-3333 — Newspaper of general circulation