Wash. Rev. Code » Title 11 · Chapter 11.76
Revised Code of Washington

Wash. Rev. Code § 11.76.040 (2026)

✓ current as of May 2026
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When such final report and petition for distribution, or either, has been filed, the court, or the clerk of the court, shall fix a day for hearing it which must be at least twenty days subsequent to the day of the publication as hereinafter provided. Notice of the time and place fixed for the hearing shall be given by the personal representative by publishing a notice thereof in a legal newspaper published in the county for one publication at least twenty days preceding the time fixed for the hearing. It shall state in substance that a final report and petition for distribution have, or either thereof has, been filed with the clerk of the court and that the court is asked to settle such report, distribute the property to the heirs or persons entitled thereto, and discharge the personal representative, and it shall give the time and place fixed for the hearing of such final report and petition and shall be signed by the personal representative or the clerk of the court.
Whenever a final report and petition for distribution, or either, shall have been filed in the estate of a decedent and a day fixed for the hearing of the same, the personal representative of such estate shall, not less than twenty days before the hearing, cause to be mailed a copy of the notice of the time and place fixed for hearing to each heir, legatee, devisee and distributee whose name and address are known to him or her, and proof of such mailing shall be made by affidavit and filed at or before the hearing.
[ 2010 c 8 s 2063; 1969 c 70 s 3; 1965 c 145 s 11.76.040. Prior: 1955 c 205 s 13; 1919 c 31 s 1; 1917 c 156 s 162; RRS s 1532. FORMER PART OF SECTION: re Notice of appointment as personal representative, now codified as RCW 11.28.237.]

Notes:

Request for special notice of proceedings in probate—Prohibitions: RCW 11.28.240.
Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1974–2021 · leading case: Pitzer v. Union Bank of California, 9 P.3d 805 (Wash. 2000).
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Pitzer v. Union Bank of California, 9 P.3d 805 (Wash. 2000). · cites it 3× “At the time of Frank Magrini’s probate, former RCW 11.76.040 required a personal representative to give notice of his or her appointment and of the pending probate to “each heir and distributee of said estate whose name and address is known to him .”
Pitzer v. Union Bank of Cal., 9 P.3d 805 (Wash. 2000). · cites it 3× “At the time of Frank Magrini's probate, former RCW 11.76.040 required a personal representative to give notice of his or her appointment and of the pending probate to "each heir and distributee of said estate whose name and address is known to him.”
In Re the Est. of Walker, 521 P.2d 43 (Wash. Ct. App. 1974). · cites it 6× “On June 12, 1972, the executor gave notice of hearing on the final reports to appellants but did not mail a notice to the persons named in the will as recipients of specific bequests as required by RCW 11.76.040. After one continuance, made at appellant’s request, the final…”
In Re Est. of Little, 113 P.3d 505 (Wash. Ct. App. 2005). “[3] Report of Proceedings at 21; See RCW 11.76.040. [4] Clerk's Papers at 92. [5] Report of Proceedings at 21.”
In re the Est. of Little, 127 Wash. App. 915 (Wash. Ct. App. 2005). “Report of Proceedings at 21; See RCW 11.76.040. Clerk’s Papers at 92. Report of Proceedings at 21.”
Pitzer v. Union Bank of California, 969 P.2d 113 (Wash. Ct. App. 1998). · cites it 6× “Duty to Give Notice In 1965, RCW 11.76.040 required a personal representative to give notice of his or her appointment and of the pending probate to "each heir and distributee of said estate whose name and address is known to him.”
Collins v. Washington Mut. Sav. Bank, 700 P.2d 771 (Wash. Ct. App. 1985). “RCW 11.76.040, which governs the notice for final decrees, requires 20 days' notice by publication after the proposed final decree has been filed.”
In Re the Est. of Young, 598 P.2d 7 (Wash. Ct. App. 1979). “Twenty days before a hearing on the final report and petition for distribution, another notice must be given by the executor or administrator.”
In re the Est. of Canning, 593 P.2d 160 (Wash. 1979). “Pursuant to RCW 11.76.040, notice was given by publication that a final accounting in the Canning estate would be presented for approval to the probate department of the Superior Court.”
In the Matter of the Est. of: Mildred Ilene Smith (Wash. Ct. App. 2021). · cites it 2× “100 and RCW 11.76.040. He also contends that, even if the documents were supplemental or in response to his own filings, they violated Walla Walla County Local Rules 7 B.”
In The Matter Of The Est. Of Anthony B. Leitch, Resp. V. Andrew Leitch, App. (Wash. Ct. App. 2021). “” On August 18, 2020, the court dismissed Stacy’s petition without prejudice because she had not followed the proper procedures under RCW 11.76.040 and 2 Over the course of the probate, Andrew was represented by two separate law firms.”
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