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Lincoln County, WA Probate Information
Quick facts
| Category | Current rules |
|---|---|
| Court | The Superior Court in Lincoln County. There is no separate probate court in Washington; the superior court is the general trial court and handles probate as a case type under RCW Title 11. Lincoln County has its own resident superior court judge: RCW 2.08.063 provides that there shall be in the county of Lincoln one judge of the superior court, and Lincoln is not one of the twelve counties that share a judge in a joint judicial district under RCW 2.08.064 or RCW 2.08.065. The county publishes its own single-county local court rules, cited on this page as LCR, effective September 1, 2025 |
| Filing office | The Lincoln County Clerk, the Clerk of the Superior Court. This is the office that takes the petition, lodges the will, issues the letters, and keeps the county's estate records. The county's own description of the office notes that the County Clerk is an independent elected official under the Washington Constitution (Article IV, Section 26) and that the clerk issues letters testamentary in a quasi-judicial capacity |
| Courthouse | Lincoln County Courthouse, 450 Logan Street, second floor, Davenport, WA 99122. The courts.wa.gov directory prints the same address as 450 Logan St. Lincoln County District Court sits in a different building, 406 Sinclair in Davenport, and does not handle probate |
| Mailing address | PO Box 68, Davenport, WA 99122-0068, the County Clerk's box, which is where probate filings and clerk correspondence go. The courthouse holds more than one box: the courts.wa.gov directory lists PO Box 396 for the Superior Court and the Court Administrator and a separate box for the juvenile court, so address probate mail to the County Clerk at PO Box 68 |
| Phone | (509) 725-1401 for the Lincoln County Clerk, the office you file with. The Superior Court and Court Administrator line is (509) 725-3081, and that is the number for a special setting or for permission to appear remotely. Both are local Davenport lines, not a statewide call center |
| Fax | None published. The courts.wa.gov court directory lists no fax for either the Lincoln County Clerk or the Lincoln County Superior Court, and the Clerk's own pages publish none. In any event LCR 78(g)(1) provides that facsimile or electronic copies are accepted as temporary file documents only on prior court order, unless the clerk authorizes it, so do not plan on faxing a probate filing |
| [email protected], the office mailbox the county publishes as the contact for the County Clerk. Use it for questions; e-filing goes through the Clerk's portal, and paper filings go to the counter or PO Box 68 | |
| Office hours | Monday to Friday, 9 a.m. to 4 p.m., closed on holidays, per the County Clerk's own page and the Clerk's e-filing page. That is a narrower counter week than most Washington counties, and no lunch closure is published. This is a one-counter office, so call (509) 725-1401 before making a trip to Davenport |
| Filing fee | $290 to open a probate, set by statute and the same in every county: a $200 filing fee plus a $40 surcharge and a $50 surcharge (RCW 36.18.020(2)(f), (5)(c), (6)); fee waivers are available for filers who cannot afford the fee (GR 34). The Lincoln County Clerk's own fee schedule, effective June 11, 2026, prints the same three lines under Estate - Probate and totals them at $290. Fees are paid in advance (RCW 36.18.060), and under LCR 78(g)(5) personal checks are not accepted. Confirm the current schedule with the Lincoln County Clerk |
| Local forms | None for probate. Lincoln County publishes no local probate forms, and Washington publishes no statewide probate form set either (verified July 2026 on the courts.wa.gov Court Forms index, which has no probate category). The county's Superior Court forms page links the statewide forms, then lists exactly one Lincoln County specific document, the local court rules PDF, and points self-represented filers to WashingtonLawHelp and the Northwest Justice Project. The Clerk publishes family law packets only, and charges $0.50 per page to provide court forms (RCW 36.18.016(4)(c)) |
| E-filing | Available but not for the filing that opens a probate. The Clerk states that e-filing is not mandatory and that documents are still accepted in person or by mail, and that the office is only allowing e-filing for documents that do not need a judge's signature and already have a court case number. The published do-not-e-file list includes new case filings, orders that need a judicial signature before filing, letters testamentary and letters of guardianship, and original wills and codicils that do not conform to the Electronic Wills Act. So the probate petition is paper, and later filings in the open case that need no signature can be e-filed for $5 per bundle per case |
| Case search | Lincoln County is one of the counties covered by Odyssey Portal, the current public case search for Washington superior courts (https://odysseyportal.courts.wa.gov/odyportal). The statewide index at https://dw.courts.wa.gov/ also reaches superior court cases, but it carries its own notice that dockets, judgments, document links, and case status may be inaccurate and directs users to Odyssey Portal or the court of record. Probate cases are indexed as superior court civil cases; document coverage varies, so for records in a Lincoln County case use the Clerk's online request for copies form or call (509) 725-1401 |
| Hearing dates | One docket day a week. Tuesday is law and motion day in Lincoln County Superior Court, and civil, family law, probate, and guardianship matters are called at 9:30 a.m., with criminal at 10:30 a.m. and juvenile at 1:30 p.m.; LCR 77(k)(1) sets the Tuesday 9:30 a.m. call, allows some matters at 9:00 a.m. at the judge's direction, and excepts legal holidays and dockets cancelled by prior order. A matter must be scheduled with the Clerk of the Court no later than 12 noon on the preceding Tuesday (LCR 77(k)(2)). Anything needing more than 15 minutes is specially set with the Court Administrator at (509) 725-3081, and the rest of the week is special set only. The county posts cancelled and reinstated docket dates, and warns that when a judge pro tempore or an out-of-county judge is appointed on a case the regular docket may not be available |
| Remote appearance | Permitted with prior permission, not automatic. The county states that all parties are expected to appear in person unless special circumstances prevent it, and that remote hearings are permitted if prior permission is obtained from the Court Administrator, who issues the login; call (509) 725-3081. LCR 77(p) authorizes telephonic hearings for most matters other than trials, on stipulation or with court approval, and requires the requesting party to contact the Court Administrator at least three days before the hearing; any party keeps the right to argue in person. Bench copies go to the Court Administrator 48 hours ahead, anything over 20 pages must be mailed in advance, and original documents still have to reach the Clerk's office for filing |
| Website | https://www.co.lincoln.wa.us/362/County-Clerk (the County Clerk, with hours, mailing address, the fee schedule, e-filing, and the county's legal newspaper) and https://www.co.lincoln.wa.us/198/Superior-Court (the Superior Court, with the docket, the local court rules, and remote hearing instructions). The courts.wa.gov directory entry for the county is https://www.courts.wa.gov/court_dir/orgs/281.html |
Before you begin — know the assets and liabilities
Before you file anything with the Lincoln County Clerk, know exactly what is in the estate. Which Washington route fits depends on whether there is a will, on who is entitled to be appointed, and on the value and type of the assets, because a full probate with letters testamentary or letters of administration, an unsupervised administration under nonintervention powers (RCW 11.68.011), and a small estate affidavit that opens no court case (RCW 11.62.010) are different routes with different filings. Those routes and their thresholds are statewide and are explained on the Washington state page. Identify the estate first so you, and if needed your attorney, file the right papers once. That matters more than usual here: the counter in Davenport is open 9 a.m. to 4 p.m., probate is called on one docket a week, and a matter has to be on the Clerk's list by noon the Tuesday before, so a missing document can cost a full week rather than an afternoon.
Identify every bank and credit union account, retirement plan, brokerage holding, life insurance policy, vehicle, and parcel of real property, along with every debt, before you file. How each asset is titled decides which route you need: the small estate affidavit reaches personal property only, while Lincoln County wheat ground, a house in Davenport or Odessa, a Lake Roosevelt cabin lot, or any other real property generally requires a probate in the superior court so that a personal representative has authority to sign a deed. Knowing the debts matters too, because nonintervention powers are granted only if the court finds the estate solvent (RCW 11.68.011). Sunset's asset discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Lincoln County Clerk, the Clerk of the Superior Court, is the single probate filing office for all of Lincoln County, at one counter on the second floor of the Lincoln County Courthouse at 450 Logan Street in Davenport. There is no second location and no branch counter. The office serves the entire county, including Davenport, the county seat, and the other incorporated towns the courts.wa.gov directory lists for the county, Almira, Creston, Harrington, Odessa, Reardan, Sprague, and Wilbur, together with the unincorporated farm country between them and the Lake Roosevelt shoreline along the county's northern edge. Estates from every part of the county are filed here, in person at the counter or by mail to the County Clerk at PO Box 68, Davenport, WA 99122-0068. Address probate mail to that box: the Superior Court and the Court Administrator use a different box, PO Box 396, and Lincoln County District Court is a separate court in a separate building at 406 Sinclair that does not handle probate.
Lincoln County has its own resident superior court judge. RCW 2.08.063 provides that there shall be in the county of Lincoln one judge of the superior court, and Lincoln is not one of the twelve counties that share a judge in a joint judicial district under RCW 2.08.064 or RCW 2.08.065, so nothing about a Lincoln County estate is set on another county's rotation. What that resident judge means in practice is a single weekly docket rather than a rotating one. Tuesday is law and motion day, and civil, family law, probate, and guardianship matters are called at 9:30 a.m., along with ex parte matters, default judgments, trial settings, changes of venue, and any contested motion needing no more than 15 minutes (LCR 77(k)(1) and 77(o)(1)). A matter has to be scheduled with the Clerk of the Court no later than 12 noon on the preceding Tuesday (LCR 77(k)(2)), the Clerk prepares the docket and the bailiff posts it (LCR 77(k)(3)), and anything longer than 15 minutes, or needing an interpreter, is specially set with the Court Administrator at (509) 725-3081. The rest of the week is special set only. Dockets are occasionally cancelled by order, and the county posts cancelled and reinstated dates, so check before you drive to Davenport.
Washington law lets the petitioner file a probate in the superior court of any county in the state (RCW 11.96A.050(4)), but in practice you file in the county where the decedent lived: an interested party can move venue there within four months of the notice of appointment, and if the probate is filed outside the county of residence the creditor notice must still be published in the county of residence (RCW 11.40.020(2)). So if the person who died lived in Lincoln County, file with the Lincoln County Clerk. The county's own fee schedule shows what the alternative costs in practice: it carries a separate $20 line for filing a creditor notice where the probate was filed in a county other than where the decedent resided (RCW 36.18.050, RCW 11.40.020(2)). One narrow exception is not optional: a petitioner who seeks appointment under RCW 11.28.120(3), the route for a person not otherwise entitled that opens only after 90 days, must file where the decedent resided, or, for a nonresident, in a county where estate property is. Once letters have been granted, the rest of the probate stays in that county (RCW 11.96A.050(5)).
The jurisdiction process
- Gather the documents. Collect the original signed will if there is one, a certified copy of the death certificate, the proposed personal representative's contact information and identification, the names, ages, and addresses of the heirs, legatees, and devisees, and a list of the assets and debts with values. Washington's term for the person who settles the estate is personal representative: a will-named personal representative is often called an executor and a court-appointed one an administrator, but the statutory term is the same for both.
- Decide what you are asking the court for. With a will, the petition asks the court to admit the will to probate and issue letters testamentary, and the court may hear the proofs and enter an order establishing the will (RCW 11.20.020). With no will, the application asks for letters of administration in the priority order set by RCW 11.28.120(1), and since June 11, 2026 the application must also set out the details of the applicant's reasonable search for the heirs (RCW 11.28.110, as amended by 2026 c 204). Most Washington personal representatives also ask for nonintervention powers, which let a solvent estate be administered and closed without further court supervision (RCW 11.68.011). These statewide routes are covered on the Washington state page.
- Prepare the papers. Washington has no statewide probate form set, so the petition, the order, the oath, and the notices are drafted documents rather than fill-in forms, and Lincoln County publishes no local probate forms of its own. The statewide case information cover sheet on the courts.wa.gov forms pages accompanies a new superior court case, and the county's local rules add no probate cover sheet beyond it, so call the Clerk's Office at (509) 725-1401 and confirm what it wants on intake. Two Lincoln County rules are worth reading before you draft: bench copies of anything needing substantive review go to chambers on the timeline in LCR 7(a)(1), which is two judicial days ahead for a document under 50 pages, and LCR 7(b)(6) requires a disclosure footnote on any brief or memorandum materially drafted or supplemented with artificial intelligence tools. WashingtonLawHelp publishes the plain-language packets a self-represented filer can work from, including the small estate affidavit kit.
- File with the Lincoln County Clerk. Take the papers to the clerk's counter on the second floor of the Lincoln County Courthouse, 450 Logan Street in Davenport, open Monday to Friday, 9 a.m. to 4 p.m. and closed on holidays, or mail them to the County Clerk at PO Box 68, Davenport, WA 99122-0068. Do not plan to e-file the petition: the Clerk allows e-filing only for documents that do not need a judge's signature and already have a case number, and new case filings are on the published do-not-e-file list, along with orders needing a judicial signature, letters testamentary, and original wills that do not conform to the Electronic Wills Act. Once the case is open, later filings that need no signature can be e-filed through the Clerk's portal for $5 per bundle per case. Call (509) 725-1401 before you mail original documents, including the original will.
- Pay the filing fee. Opening a probate costs $290, set by statute and the same in every Washington county: a $200 filing fee plus a $40 surcharge and a $50 surcharge (RCW 36.18.020(2)(f), (5)(c), (6)), and the Lincoln County Clerk's own schedule effective June 11, 2026 prints those three lines under Estate - Probate. A filer who cannot afford the fee can ask the court to waive it under GR 34. Fees are paid in advance (RCW 36.18.060), and under LCR 78(g)(5) civil payments are by cash, money order, cashier's check, or credit card; personal checks are not accepted and a card fee set by the Clerk applies. The small estate affidavit route under RCW 11.62.010 opens no court case, and the county's schedule notes that the affidavit is not filed with the Clerk at all.
- Give the required notices. Within 20 days after appointment the personal representative or the estate's attorney must mail or personally serve written notice of the appointment and the pendency of the probate on each heir, legatee, and devisee, and on each known beneficiary or transferee of a nonprobate asset, and file proof of mailing with the Lincoln County Clerk (RCW 11.28.237(1)). If you give notice to creditors, the notice is filed with the court and published once each week for three successive weeks in a legal newspaper in the county where the estate is administered (RCW 11.40.020(1)); the Clerk publishes the county's legal newspaper as the Lincoln County Record-Times, which has offices in Davenport and Odessa. Confirm the publication schedule and cost with the newspaper before you count on a date, because first publication starts the four-month claim period (RCW 11.40.051).
- Get on the docket if your matter needs a hearing. Probate and guardianship matters are called with the civil and family law group at 9:30 a.m. on Tuesday law and motion day, together with ex parte matters and any contested motion needing no more than 15 minutes (LCR 77(o)(1)). Schedule the matter with the Clerk of the Court no later than 12 noon on the preceding Tuesday (LCR 77(k)(2)); anything longer than 15 minutes, or needing an interpreter, is specially set with the Court Administrator at (509) 725-3081, and a matter over 30 minutes is scheduled the way a trial is (LCR 77(o)(3)). Check the county's posted docket first, because dockets are cancelled and reinstated by order and a judge pro tempore or out-of-county judge on your case can take the regular docket off the table. To appear remotely, get prior permission from the Court Administrator: LCR 77(p) authorizes telephonic hearings for most matters other than trials and requires the request at least three days ahead, the county issues the login, bench copies are due to the Court Administrator 48 hours before, and a party appearing by Zoom who presents an order for signature submits it to the Clerk's office with the $30 ex parte fee.
- Receive the letters. On appointment the court issues letters testamentary where there is a will, or letters of administration where there is not, and the Lincoln County Clerk issues certified copies; the county describes issuing letters testamentary as one of the clerk's quasi-judicial duties. A certified copy of the letters is what banks, transfer agents, and title companies rely on, so order enough for the institutions the estate deals with: the county's schedule charges $5 for a certificate of qualification and $5 for a certified copy of letters of administration, guardianship, or testamentary (RCW 36.18.016(9)), and $5 for the first page of a certified copy plus $1 for each additional page (RCW 36.18.016(4)). Letters cannot be e-filed, so plan to collect them at the counter or by mail, and under LCR 78(g)(3) send a stamped self-addressed envelope when you want something conformed and returned.
- Administer and close. Inventory the assets, pay valid claims in the order set by law, handle the four-month creditor period (RCW 11.40.051), file any Washington estate tax return that is required (chapter 83.100 RCW), distribute what remains, and close the estate. A personal representative with nonintervention powers closes by declaration of completion rather than by a court accounting (RCW 11.68), while a supervised estate returns to the court for approval.
Forms and documents
Probate forms in Lincoln County
Lincoln County publishes no local probate forms, and Washington publishes no statewide probate form set either. That is worth stating plainly, because filers arrive expecting a packet. The courts.wa.gov Court Forms index has categories for family law, guardianships and conservatorships, criminal, behavioral health, juvenile, financial, protection orders, and access to the courts, among others, and no probate category (verified July 2026). Washington probate pleadings, the petition, the order admitting the will, the oath, the notice of appointment, and the declaration of completion, are drafted by the filer or the attorney.
The county's own Superior Court forms page makes the same point in its own way: it links the statewide Washington court forms, then lists exactly one document as specific to Lincoln County, the local court rules PDF, and directs self-represented filers to WashingtonLawHelp and the Northwest Justice Project. The Clerk publishes family law packets and nothing comparable for probate, and charges $0.50 per page when the office provides court forms (RCW 36.18.016(4)(c)). What does come from a statewide form is the case information cover sheet that accompanies a new superior court case, and the GR 34 fee waiver forms are on the same courts.wa.gov pages if you cannot afford the $290 filing fee (RCW 36.18.020(2)(f), (5)(c), (6)). Read the local rules before you draft, because two of them shape the paper: LCR 7(a)(1) sets when bench copies reach chambers, and LCR 7(b)(6) requires a disclosure footnote on any brief materially drafted or supplemented with artificial intelligence tools. Then call the Lincoln County Clerk at (509) 725-1401 and ask what the office wants on intake, because a one-counter office can tell you in one call.
| Resource | What it provides |
|---|---|
| Lincoln County Clerk (co.lincoln.wa.us) | The filing office's own page: hours, the PO Box 68 mailing address, the fee schedule, the e-filing portal and its exclusions, the request for copies form, and the county's legal newspaper |
| Lincoln County Superior Court (co.lincoln.wa.us) | The court's page: the Tuesday law and motion docket, posted cancellations and reinstatements, remote hearing instructions, and the link to the Washington state court forms with the county's own local rules PDF |
| Lincoln County Superior Court local court rules (courts.wa.gov) | The current adopted rules, effective September 1, 2025, including LCR 7 on pleadings, bench copies, and the artificial intelligence disclosure footnote, LCR 77 on the Tuesday motion day and telephonic hearings, and LCR 78 on what the Clerk's office requires |
| Washington Courts court forms (courts.wa.gov) | The statewide case information cover sheet that accompanies a new superior court case and the GR 34 fee waiver forms. There is no probate category here, which is the point: Washington has no statewide probate forms |
| WashingtonLawHelp (washingtonlawhelp.org) | Plain-language Washington probate self-help, including the guide to managing a small estate yourself and the small estate affidavit packet (RCW 11.62.010). The county's own forms page points self-represented filers here |
| Washington Courts directory: Lincoln County (courts.wa.gov) | The government listing that confirms the Lincoln County Clerk's street address, PO Box 68 mailing address, and phone, and shows the separate Superior Court box, PO Box 396 |
Fees
The $290 that opens a probate is statutory and identical statewide, but the Lincoln County Clerk publishes its own fee schedule with a probate and guardianship section, so several charges a probate filer actually meets are set out locally. The schedule's printed effective date is June 11, 2026. Two of its lines are the ones people miss: presenting an order ex parte costs $30, which is also what the county's remote hearing pages require of a party appearing by Zoom who submits an order for the judge's signature, and e-filing costs $5 per bundle per case under a county resolution, charged after the office reviews the submission and emails a payment link. Fees are paid in advance (RCW 36.18.060) by cash, cashier's check, money order, or credit card; under LCR 78(g)(5) personal checks are not accepted and a card fee set by the Clerk applies. Confirm any amount with the Clerk at (509) 725-1401 before you pay.
| Item | Lincoln County charge |
|---|---|
| Opening a probate | $290 total: $200 filing fee (RCW 36.18.020(2)(f)) plus a $40 judicial surcharge ((5)(c)) plus a $50 judicial surcharge ((6)). Statutory and the same in every Washington county, and printed as three lines under Estate - Probate on the county's schedule. Fee waivers under GR 34 |
| Contesting a will, or admitting a rejected will | $290 each, on the same $200 plus $40 plus $50 stack but under RCW 36.18.020(2)(g). The schedule uses the same figure for a petition contesting a will or trust, a petition to admit a rejected will, and a petition objecting to a nonjudicial resolution |
| Nonprobate notice to creditors | $290 to file a notice to creditors where no probate is opened (RCW 11.42.010(3)(a), RCW 36.18.020(2)(f), (5)(c), (6)) |
| Creditor notice in a probate filed elsewhere | $20 to file the creditor notice with the Lincoln County Clerk where the probate itself was filed in a county other than the one the decedent lived in (RCW 36.18.050, RCW 11.40.020(2)). This is the local price of the venue rule |
| Ex parte presentation of an order | $30 (RCW 36.18.016(12)). The county's remote hearing and Zoom pages require this fee when a party appearing by video submits an order for the judge's signature at the end of the hearing |
| E-filing a bundle | $5 per bundle per case, not per document, set by county resolution under RCW 36.18.016(23). Remember that new case filings, orders needing a judicial signature, letters testamentary, and nonconforming original wills cannot be e-filed at all |
| Certificate of qualification, or a certified copy of letters | $5 each (RCW 36.18.016(9)). The schedule lists them as two lines, one for the certificate of qualification and one for a certified copy of letters of administration, guardianship, or testamentary |
| Copies of documents | A certified copy is $5 for the first page plus $1 for each additional page (RCW 36.18.016(4)(a)); an uncertified copy, paper or electronic, is $0.50 per page ((4)(c)); delivery on an electronic storage medium adds $5 ((4)(f)); an audio copy of a hearing is $25 per court date ((13)). The Clerk takes copy requests through an online form and emails a card payment link, and quotes its own mail service charges on top |
| Filing a will with no probate | $20 to file a will after death where no probate is contemplated (RCW 36.18.012(7)), and $20 to deposit a will with the Clerk for safekeeping while the maker is still living (RCW 11.12.265, RCW 36.18.016(27)) |
| Small estate affidavit | No clerk filing fee, because the schedule states the affidavit is not filed in the Clerk's Office at all and directs the claiming successor to file a copy with the Washington Department of Social and Health Services, Office of Financial Recovery (RCW 11.62.010) |
| Records research | $30 per hour for searches and compiling reports (RCW 36.18.016(11)), which is worth knowing if you are asking the office to look for an older estate file |
Recent updates
| Change | What it means |
|---|---|
| New Lincoln County Superior Court local rules, effective September 1, 2025 | The court's order adopting the current rules is dated July 1, 2025 and puts them in effect from September 1, 2025, superseding all prior local rules. The probate-relevant provisions are LCR 77(k) and 77(o) on the Tuesday law and motion docket and the noon-Tuesday scheduling deadline, LCR 77(p) on telephonic hearings and the three-day request, LCR 7(a)(1) on bench copies, LCR 7(b)(6), amended September 1, 2025, requiring an artificial intelligence disclosure footnote on briefs, and LCR 78(g) on what the Clerk's office accepts, including its refusal of personal checks |
| Lincoln County Clerk fee schedule, effective June 11, 2026 | The county's current schedule prints the probate filing fee as $200 plus a $40 surcharge plus a $50 surcharge, $290 in total (RCW 36.18.020(2)(f), (5)(c), (6)), and sets out the local probate-adjacent charges, including the $30 ex parte order presentation fee, the $5 per bundle e-filing fee, and the $20 fee for filing a creditor notice where the probate was filed in another county |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Lincoln County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | If the Davenport home was community property covered by a community property agreement (RCW 26.16.120), or was held with a right of survivorship, it can pass to the surviving spouse without a probate. If assets stood in the decedent's sole name and there is a will, the spouse petitions the Superior Court in Lincoln County to admit the will and issue letters testamentary; with no will, the surviving spouse has first priority for letters of administration (RCW 11.28.120(1)). Either way the spouse can ask for nonintervention powers so a solvent estate is administered without further court supervision (RCW 11.68.011). The petition is filed on paper with the Lincoln County Clerk at 450 Logan Street, and if an order has to be presented it is called on the Tuesday 9:30 a.m. docket. | Asset discovery to confirm how the home and the accounts are titled and what actually has to go through the court. Packet generation for the filing with the Lincoln County Clerk. A vetted attorney referral if a dispute arises. |
| Out-of-state adult child, small estate | Where the estate is personal property only, the probate estate less liens and encumbrances does not exceed $100,000, and 40 days have passed since death, a claiming successor can often collect the property with a small estate affidavit instead of a court case (RCW 11.62.010); the county's fee schedule notes the affidavit is not filed with the Clerk at all. If a probate is needed, a filer living out of state can mail the petition to the Lincoln County Clerk at PO Box 68, Davenport, WA 99122-0068 with a cashier's check or money order, since personal checks are not accepted (LCR 78(g)(5)), and send a stamped self-addressed envelope for what comes back (LCR 78(g)(3)). Once the case is open, later filings that need no judge's signature can go through the Clerk's e-filing portal for $5 per bundle. | Asset discovery to confirm the estate qualifies and to locate accounts from out of state. Packet generation for the affidavit or the probate petition, prepared so an out-of-state filer can proceed by mail. |
| Parent settling a predeceased child's estate, home must be sold | Because the estate holds real property that has to be sold, the affidavit route does not reach it and the estate goes through probate: with no will the parent petitions for letters of administration in the priority order of RCW 11.28.120(1) and now must also describe the search for the heirs (RCW 11.28.110); with a will the parent probates it and receives letters testamentary. With nonintervention powers the personal representative can sell the Lincoln County house and distribute the proceeds without returning to court for approval (RCW 11.68.011). Any contested motion is heard by the county's resident superior court judge on the Tuesday 9:30 a.m. law and motion docket, and must be on the Clerk's list by noon the Tuesday before. | Asset discovery for the child's accounts, property, and debts. Packet generation for the probate petition and the notices. Attorney referral if the sale or a dispute among heirs turns contested. |
Self-help resources
| Resource | What it offers |
|---|---|
| Lincoln County Clerk (co.lincoln.wa.us), (509) 725-1401 | The filing office for probate: hours of 9 a.m. to 4 p.m., the counter on the second floor at 450 Logan Street in Davenport, the PO Box 68 mailing address, the fee schedule, e-filing, and the request for copies form. Clerk staff can explain procedure but cannot give legal advice |
| Lincoln County Superior Court (co.lincoln.wa.us), (509) 725-3081 | The Tuesday law and motion docket with probate called at 9:30 a.m., posted cancellations and reinstatements, the local court rules, and the Court Administrator's office, which grants permission to appear remotely and handles special settings |
| Lincoln County Superior Court local court rules (courts.wa.gov) | The current adopted rules, effective September 1, 2025: motion day and telephonic hearings (LCR 77), bench copies and the artificial intelligence disclosure footnote (LCR 7), and the Clerk's office requirements including accepted forms of payment (LCR 78) |
| Washington Courts court directory (courts.wa.gov) | The government directory of superior court and county clerk addresses and phones, including the separate Superior Court and County Clerk listings for Lincoln County |
| WashingtonLawHelp (washingtonlawhelp.org) | Washington's main plain-language legal self-help publisher, with probate and small estate guides and the small estate affidavit packet (RCW 11.62.010). The county's own legal help page points here first |
| Odyssey Portal (odysseyportal.courts.wa.gov) | The public case search for Washington superior courts, including Lincoln County. Probate cases appear as superior court civil cases; document coverage varies |
| Washington Courts case search (dw.courts.wa.gov) | The statewide pointer index across municipal, district, superior, and appellate courts. Useful for finding a case number, but its own notice warns that dockets and case status may be inaccurate |
| Washington Courts court forms (courts.wa.gov) | The statewide case information cover sheet and the GR 34 fee waiver forms. There is no statewide probate forms category |
| Northwest Justice Project CLEAR, 1-888-201-1014, nwjustice.org | Free civil legal aid intake for low-income Washington residents; the county's legal help page lists the hotline as weekday mornings, with CLEAR Sr at 1-888-387-7111 for callers 60 and over. CLEAR targets basic-needs civil problems, so ask whether an estate matter qualifies |
| Lincoln County legal help and community resources (co.lincoln.wa.us) | The Clerk's own list of low-cost legal options for county residents, including Inland Empire Legal Aid at (509) 477-6123, which the page describes as operating out of Spokane County and also supporting Lincoln County, and the Gonzaga Law School clinical legal program at (509) 313-5791. Confirm with each program whether it takes probate matters |
| Washington State Bar Association, find legal help (wsba.org) | Lawyer referral and public resources for finding a Washington probate attorney who covers Lincoln County |
| Washington State Law Library (courts.wa.gov), (360) 357-2136 | Legal reference help by phone and email for anyone in the state, useful because Lincoln County lists no county law library |
When to hire an attorney
Many Lincoln County estates are uncontested, and a personal representative granted nonintervention powers administers and closes a solvent estate without further court supervision (RCW 11.68.011), which is why plenty of families here get through probate with limited legal help. Consider counsel when a will is contested or a dispute among heirs is likely, when the estate is insolvent or a creditor is pressing a claim, when wheat ground, a farm partnership, water rights, grain contracts, or property in another state has to be valued or divided, when the estate is large enough to owe Washington estate tax under chapter 83.100 RCW, or when no one entitled to appointment has come forward and the petition has to be made under RCW 11.28.120(3). The local calendar is its own reason: probate is called on one docket a week and a matter must be on the Clerk's list by noon the Tuesday before, so a lawyer who already appears on the Tuesday docket in Davenport can present an order without costing the estate a week. The Lincoln County Clerk can explain procedure but cannot give legal advice. Sunset can connect families to a vetted Washington probate attorney serving Lincoln County.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions and public records to surface bank and credit union accounts, retirement plans, brokerage holdings, life insurance, Lincoln County real estate, and unclaimed property, so you know the estate's value and which Washington route fits for estate settlement before you file.
Generate the probate packet. Sunset assembles the paperwork for your route, whether a probate with letters testamentary or letters of administration, a request for nonintervention powers, or a small estate affidavit, ready to file with the Lincoln County Clerk at the counter in Davenport or by mail.
Find a local probate attorney. When a matter is contested or otherwise calls for counsel, Sunset connects families to a vetted Washington probate attorney serving Lincoln County.
Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).
Frequently asked questions
Where do I file for probate in Lincoln County?
With the Lincoln County Clerk, the Clerk of the Superior Court, at the counter on the second floor of the Lincoln County Courthouse, 450 Logan Street in Davenport, or by mail to PO Box 68, Davenport, WA 99122-0068. Washington has no separate probate court: the Superior Court in Lincoln County handles probate as a case type under RCW Title 11, and the County Clerk is the filing office. Washington law lets a petitioner file in any county (RCW 11.96A.050(4)), but file where the decedent lived, because venue can be moved there within four months of the notice of appointment and the creditor notice must be published in the county of residence anyway (RCW 11.40.020(2)). Watch the address: the Superior Court and the Court Administrator use a different box, PO Box 396, and Lincoln County District Court is a separate court at 406 Sinclair that does not handle probate.
Can I e-file a probate in Lincoln County?
Not the petition that opens it. The Lincoln County Clerk does run an e-filing portal, and says plainly that e-filing is not mandatory and that documents are still accepted in person or by mail, but the office is only allowing e-filing for documents that do not need a judge's signature and already have a court case number. Its published do-not-e-file list names new case filings, orders that need a judicial signature before filing, letters testamentary and letters of guardianship, and original wills and codicils that do not conform to the Electronic Wills Act. So a new probate is filed on paper at the counter or by mail, and once the case number exists you can e-file later documents that need no signature for $5 per bundle per case. You register through the portal's request for access link and the office asks for 24 hours; the fee is charged after the office reviews your submission and emails a payment link, and an unpaid bundle is rejected after the close of the next business day.
Can I file a Lincoln County probate by mail?
Yes, mail is a normal way to file here. Send the papers to the Lincoln County Clerk at PO Box 68, Davenport, WA 99122-0068, with payment for the $290 filing fee (RCW 36.18.020(2)(f), (5)(c), (6)). Pay by cashier's check or money order rather than a personal check, because LCR 78(g)(5) provides that personal checks are not an accepted form of payment in civil matters, and include a stamped self-addressed envelope if you want a conformed copy or a written reply, which is what LCR 78(g)(3) asks for. Call (509) 725-1401 before you mail original documents, including the original will, and confirm what the office needs on intake.
When are probate hearings heard in Lincoln County Superior Court?
On Tuesdays. Tuesday is law and motion day, and civil, family law, probate, and guardianship matters are called at 9:30 a.m., with criminal at 10:30 a.m. and juvenile at 1:30 p.m. LCR 77(k)(1) sets the Tuesday 9:30 a.m. call, lets the judge move some matters to 9:00 a.m., and excepts legal holidays and dockets cancelled by prior order, and LCR 77(o)(1) puts probate and guardianship matters, ex parte matters, default judgments, trial settings, changes of venue, and contested motions of no more than 15 minutes in that 9:30 a.m. group. A matter has to be scheduled with the Clerk of the Court no later than 12 noon on the preceding Tuesday (LCR 77(k)(2)), anything longer than 15 minutes or needing an interpreter is specially set with the Court Administrator at (509) 725-3081, and a matter over 30 minutes is scheduled the way a trial is. The rest of the week is special set only. Check the county's posted docket before you travel, because dockets are cancelled and reinstated by order, and the county warns that when a judge pro tempore or an out-of-county judge is appointed on a case the regular docket may not be available.
Can I appear by Zoom or phone in a Lincoln County probate?
Yes, with prior permission, and the county is explicit that it is not automatic: all parties are expected to appear in person unless special circumstances prevent it. Remote hearings are permitted if prior permission is obtained from the Court Administrator, who issues the login, so call (509) 725-3081. LCR 77(p) authorizes telephonic hearings for most matters other than trials, either on stipulation or with the court's approval, and requires the requesting party to contact the Court Administrator at least three days before the hearing; the hearing is electronically recorded, and any party keeps the right to argue in person even if the other side appears by phone. Two practical conditions come with it: bench copies must reach the Court Administrator 48 hours before the hearing and anything over 20 pages has to be mailed in advance, and original documents still have to reach the Clerk's office for filing. If you appear by Zoom and are asked to submit an order for the judge's signature at the end, that order goes to the Clerk's office with the $30 ex parte fee.
How do I look up a Lincoln County probate case online?
Use Odyssey Portal, the public case search for Washington superior courts, which covers Lincoln County. The statewide index at dw.courts.wa.gov will also find a case, but it carries its own notice that dockets, judgments, document links, and case status may be inaccurate and directs users to Odyssey Portal or the court of record. Probate cases are indexed as superior court civil cases and document images are not guaranteed, so for the file itself use the Clerk's online request for copies form, which the office answers by emailing a card payment link, or call the Lincoln County Clerk at (509) 725-1401 with the case number ready.
Are there local Lincoln County probate forms?
No. Lincoln County publishes no local probate forms, and Washington has no statewide probate form set either: the courts.wa.gov forms index has no probate category (verified July 2026). The petition, the order, the oath, and the notices are drafted documents. The county's own Superior Court forms page links the statewide forms, lists exactly one Lincoln County specific document, the local court rules PDF, and sends self-represented filers to WashingtonLawHelp and the Northwest Justice Project; the Clerk publishes family law packets and nothing comparable for probate, and charges $0.50 per page when it provides court forms. What does come from a statewide form is the case information cover sheet that accompanies a new superior court case, and the GR 34 fee waiver forms are on the same courts.wa.gov pages. Before you draft, note LCR 7(b)(6): a brief or memorandum materially drafted or supplemented using artificial intelligence tools must carry a disclosure footnote.
How much does it cost to file probate in Lincoln County?
$290 to open the probate, set by statute and the same in every Washington county: a $200 filing fee plus a $40 surcharge and a $50 surcharge (RCW 36.18.020(2)(f), (5)(c), (6)). The Lincoln County Clerk's own fee schedule, effective June 11, 2026, prints those three lines under Estate - Probate and totals them the same way, and there is no Lincoln County add-on to the figure. A filer who cannot afford the fee can ask the court to waive it under GR 34. Budget separately for the county's own probate-adjacent charges: $30 to present an order ex parte, $5 per bundle to e-file in an open case, $5 for a certificate of qualification or a certified copy of letters, $5 for the first page of a certified copy plus $1 per additional page, and the cost of publishing the creditor notice. Fees are paid in advance (RCW 36.18.060), and personal checks are not accepted (LCR 78(g)(5)).
Where is the creditor notice published for a Lincoln County estate?
In a legal newspaper in the county where the estate is being administered, once each week for three successive weeks (RCW 11.40.020(1)). The Lincoln County Clerk publishes the county's legal newspaper as the Lincoln County Record-Times, which has a Davenport office at 1112 Morgan Street, PO Box 66, (509) 725-0101 and an Odessa office at 1 W. First Avenue, PO Box 458, (509) 982-2632. Confirm the schedule and cost with the newspaper before you rely on a date, because first publication starts the four-month period for creditor claims (RCW 11.40.051). If the probate was filed somewhere other than the county where the decedent lived, publication still goes in the county of residence and the notice is filed where the case was commenced (RCW 11.40.020(2)); the county's fee schedule charges $20 to file that notice here in that situation.
Do I have to travel to Davenport to settle an estate in Lincoln County?
Often not, or not more than once. The petition and the later filings can be mailed to the Lincoln County Clerk at PO Box 68, Davenport, WA 99122-0068, filings in an open case that need no judge's signature can be e-filed for $5 per bundle, certified copies can be requested through the Clerk's online form, and a personal representative granted nonintervention powers administers and closes a solvent estate without returning to court for supervision (RCW 11.68.011). Where an appearance is needed, telephonic and video appearance is available with prior permission from the Court Administrator at (509) 725-3081, requested at least three days ahead under LCR 77(p). Distance matters most for a contested matter, which is heard in the courtroom in Davenport on the Tuesday law and motion docket, and for the counter's hours, 9 a.m. to 4 p.m. Monday to Friday, which are worth confirming by phone before a long drive.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.