Wash. Rev. Code » Title 11 · Chapter 11.68
Revised Code of Washington

Wash. Rev. Code § 11.68.041 (2026)

Petition for nonintervention powers—Notice requirements—Exceptions

✓ current as of May 2026
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(1) Advance notice of the hearing on a petition for nonintervention powers referred to in RCW 11.68.011 is not required in those circumstances in which the court is required to grant nonintervention powers under RCW 11.68.011(2) (a) and (b).
(2) In all other cases, if the petitioner wishes to obtain nonintervention powers, the personal representative shall give notice of the petitioner's intention to apply to the court for nonintervention powers to all heirs, all beneficiaries of a gift under the decedent's will, and all persons who have requested, and who are entitled to, notice under RCW 11.28.240, except that:
(a) A person is not entitled to notice if the person has, in writing, either waived notice of the hearing or consented to the grant of nonintervention powers; and
(b) An heir who is not also a beneficiary of a gift under a will is not entitled to notice if the will has been probated and the time for contesting the validity of the will has expired.
(3) The notice required by this section must be either personally served or sent by regular mail at least ten days before the date of the hearing, and proof of mailing of the notice must be by affidavit filed in the cause. The notice must contain the decedent's name, the probate cause number, and the name and address of the personal representative, and must state in substance as follows:
(a) The personal representative has petitioned the superior court of the state of Washington for . . . . . county, for the entry of an order granting nonintervention powers and a hearing on that petition will be held on . . . . ., the . . . . . day of . . . . ., . . . ., at . . . . . o'clock, . . M.;
(b) The petition for an order granting nonintervention powers has been filed with the court;
(c) Following the entry by the court of an order granting nonintervention powers, the personal representative is entitled to administer and close the decedent's estate without further court intervention or supervision; and
(d) A person entitled to notice has the right to appear at the time of the hearing on the petition for an order granting nonintervention powers and to object to the granting of nonintervention powers to the personal representative.
(4) If notice is not required, or all persons entitled to notice have either waived notice of the hearing or consented to the entry of an order granting nonintervention powers as provided in this section, the court may hear the petition for an order granting nonintervention powers at any time.
[ 2021 c 140 s 4004; 1997 c 252 s 61.]

Notes:

Application—2021 c 140 ss 4003-4017, 4023, 4024, and 4026: See note following RCW 11.48.130.
Application—1997 c 252 ss 1-73: See note following RCW 11.02.005.
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2017–2025 · leading case: Est. Of Michael Petelle. Gloria Petelle v. Michelle Ersfeld Petelle, 440 P.3d 1026 (Wash. Ct. App. 2019).
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Est. Of Michael Petelle. Gloria Petelle v. Michelle Ersfeld Petelle, 440 P.3d 1026 (Wash. Ct. App. 2019). “Furthermore, she did not give notice to any of Michael's heirs of her intent to petition for nonintervention powers, as required by RCW 11.68.041. Gloria contested Michelle's nonintervention powers.”
In Re The Est. Of Darrel R. Bryant, No. 85931-5 (Wash. Ct. App. Feb. 18, 2025). · cites it 2× “Nor does Cadranell argue that he or Fieldhouse strictly complied with the statutory notice provisions listed in the trial court’s order (RCW 11.68.041, RCW 11.28.110, RCW 11.68.050, and RCW 11.”
A. Shane Roeser v. Est. Of Kimberly Ann Blowers, No. 74932-3 (Wash. Ct. App. Oct. 2, 2017). “The commissioner concluded dismissal of the probate in Washington 2 Under RCW 11.68.041, advance notice of the hearing on a petition for nonintervention powers shall be given to the beneficiaries of the estate.”
In re Est. of Petelle, No. 97463-2 (Wash. May 14, 2020). “Petitioner did not disclose the existence of the dissolution action or the separation contract and did not give notice to any of the decedent’s heirs of her intent to petition for nonintervention powers pursuant to RCW 11.68.041(2). Respondent Gloria Petelle, the decedent’s…”
In the Matter of the Est. of: Glenn West, No. 39941-9 (Wash. Ct. App. Jan. 30, 2025). “Santos argues that because her two sisters, as the only people she claims were entitled to notice under RCW 11.68.041(1), consented to her appointment at PR, she should have been unopposed and the trial court should have ordered her appointment.”
Wash. Rev. Code § 11.68.041(1): 1 case
In the Matter of the Est. of: Glenn West, No. 39941-9 (Wash. Ct. App. Jan. 30, 2025). “Santos argues that because her two sisters, as the only people she claims were entitled to notice under RCW 11.68.041(1), consented to her appointment at PR, she should have been unopposed and the trial court should have ordered her appointment.”
Wash. Rev. Code § 11.68.041(2): 1 case
In re Est. of Petelle, No. 97463-2 (Wash. May 14, 2020). “Petitioner did not disclose the existence of the dissolution action or the separation contract and did not give notice to any of the decedent’s heirs of her intent to petition for nonintervention powers pursuant to RCW 11.68.041(2). Respondent Gloria Petelle, the decedent’s…”
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