Legal Question in Wills and Trusts in Washington

Re: Non-intervention Will

Washington�s probate code permits the administration of some estates without going through the full blown or formal probate process. This is called �nonintervention powers� and it�s described in total in R.C.W. � 11.68.

Under nonintervention powers, basically the will administrator (either an executor or executrix of the estate) can make decisions without the court�s approval. The administrator records his or her actions in a series of declarations which are filed with the court.

Some wills specifically state that administrators are to use nonintervention powers, and yet others specifically exclude such powers. Smaller estates which will be distributed without dispute are usually more amendable to nonintervention probate. Nonintervention probate saves costs and fees and can usually be completed sooner than formal probate.

Re: Non-intervention Will

Mr. Lustick is correct in that non-intervention wills allow a Personal Representative of the estate (formerly an executor or executrix) to administer the estate without formal court approval at every step. It is a better and less expensive way to probate estates unless there are other complicating factors that militate against non-intervention powers, e.g., complicated valuation problems, operating a business of the deceased, etc.