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Spokane County, WA Probate Information

Quick facts
| Category | Current rules |
|---|---|
| Court | The Superior Court in Spokane County, Washington's general-jurisdiction trial court. There is no separate probate court in Washington; the superior court handles probate as a case type under Title 11 of the Revised Code of Washington (RCW Title 11), and Spokane indexes it as case type 4, probate and guardianship. The Washington State Court Directory lists thirteen superior court judges and eight court commissioners here. The orders that begin a probate are signed by a commissioner in the court's Ex Parte Department |
| Filing office | Spokane County Clerk, Clerk of the Superior Court. It takes probate petitions, holds the original will, issues the letters, keeps the estate record, and will present ex parte orders to the court on a filer's behalf. The Clerk describes the office as part of the executive branch, independent of the judiciary, and elected to serve as the administrative and financial officer of the Superior Court, so unlike King County this is a separately elected county officer |
| Courthouse | Spokane County Courthouse, 1116 W Broadway Avenue, Room 300, third floor, Spokane, WA 99260. Superior Court Administration is on the third floor annex of the same building, the Spokane County Law Library is on the second floor, and the Spokane County Bar Association office is on the fourth floor of the annex |
| Mailing | Spokane County Clerk's Office, County Courthouse, Room 300, 1116 W Broadway Avenue, Spokane, WA 99260-0090. Documents for Superior Court cases may be filed in person at the counter or mailed to this address; each document must carry the case number and the full case title and comply with the pleading rules |
| Phone | (509) 477-2211 for the Clerk's Office. Superior Court Administration is (509) 477-5790, and requests to attend an Ex Parte hearing by phone or video go to the Ex Parte courtroom at (509) 477-4421 |
| The Clerk's Office publishes an "Email the Clerk's Office" contact link on its own pages rather than a plain-text office address, so send questions through the Clerk's contact page at spokanecounty.gov. Do not use a named officeholder's personal mailbox | |
| Fax | The Clerk's Office publishes no fax line for filings, and the Washington State Court Directory entry for the Spokane County Clerk lists none. File at the counter, by mail, or through the Clerk's e-filing system |
| Hours | 8:30 a.m. to 4:00 p.m. Monday through Friday, closed on all federal holidays. The Ex Parte Department keeps its own narrower schedule: Monday 10:30 a.m. to noon and 1:30 to 4:00 p.m., Wednesday and Friday 9:00 a.m. to noon and 1:30 to 4:00 p.m., and closed all day Tuesday and Thursday. The Spokane County Law Library, two floors down, is open 8:30 a.m. to 4:00 p.m. and closes for lunch from noon to 1:00 p.m. |
| 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), and the Clerk publishes a waiver of filing fees form. Spokane's own schedule lists the same figure as "Estate Filing $290" (Spokane County Clerk fee schedule, listing fees effective June 11, 2026). Note the payment rule: the Clerk states that filing fees must be paid by cash, money order, cashier's check or an attorney trust account check, and that it does not accept debit or credit cards. Confirm the current schedule with the Spokane County Clerk |
| Local forms | Yes. A Spokane County Clerk Indexing Sheet (Clerk Form 1) must be completed and filed with all initial pleadings, so every new probate needs one (Local Civil Rule 5(d)(7)). A hearing is set by filing the county's own Note for Hearing and Issue of Law calendar note. The Clerk also publishes GR 22 sealed cover sheets that auto-seal financial and health records in a Title 11 case, a Will Repository cover sheet with motion and order forms to withdraw a deposited will, and a pro se packet including a declaration, notice of appearance, notice of address change and fee waiver form. Washington publishes no statewide probate form set, so the petitions themselves are drafted by the filer or the attorney |
| E-filing | Available and optional, through the Clerk's own system. The Spokane County Clerk's Office uses TrueFiling by ImageSoft, live since 2021 and supporting all superior court case types, and local rule LGR 0.30(a) lets attorneys and self-represented parties e-file unless a court rule prohibits it. The Clerk states that e-filing is not mandatory at this time and that there is no cost for e-filing at this time; accounts at tf3.truefiling.com are free to set up. The probate carve-out matters: original wills and codicils, including will-only filings and those for new probate matters, must be filed on paper (LGR 0.30(b)(1)). You may e-file a probate with a copy of the will to get orders signed, but the original will must be on file before probate letters issue. Working copies and bench copies remain paper, service is not automatic, and a document e-filed after 5:30 p.m. is treated as received the next judicial day (Local Civil Rule 5(e)) |
| Case search | Three layers. Spokane runs its own Court Viewer at cp.spokanecounty.org/courtdocumentviewer, which has a dedicated Superior Court Probate search for both court dates and case information by name or case number. The Administrative Office of the Courts search at dw.courts.wa.gov lists Spokane among the 37 superior courts whose current records are searched through Odyssey Portal at odysseyportal.courts.wa.gov/odyportal, and warns that its own dockets, judgments, document links and case status may be inaccurate. Copies of documents come from the Clerk in person or by mail, not from the portals |
| Remote appearance | Available on request for Ex Parte matters. Requests to attend an Ex Parte hearing by phone or video are made by contacting the Ex Parte courtroom at (509) 477-4421 (Spokane County Superior Court Ex Parte Policy, effective January 1, 2026). Confirm the format for your date before you rely on it, and note that a filer who cannot appear at all can instead use the Clerk's mail-in ex parte presentment service |
| Website | https://www.spokanecounty.gov/5493/Clerk |
Before you begin — know the assets and liabilities
The first Spokane County question is not which form to use, it is what the estate actually holds. Washington's routes are a petition to probate the will with letters testamentary; a petition for letters of administration where there is no will, in the priority order the statute sets; nonintervention powers, which let a solvent estate be administered and closed without further court supervision (RCW 11.68.011); and, for a modest estate holding only personal property, a sworn small estate affidavit collected without opening any court case (RCW 11.62.010). Which one fits turns on whether there is a will, what the estate holds, whether it is solvent, and who is entitled to serve; the routes and their thresholds are covered on the Washington state page.
Before you file, identify every bank and credit union account, brokerage and retirement account, life insurance policy, vehicle, business interest, and parcel of Spokane County real estate, along with every debt, and identify each heir, legatee and devisee by name and address. Washington law now makes that front work part of the paperwork itself: a 2026 change requires an application for letters of administration to describe the heirs and the applicant's reasonable search for them and, unless the applicant is the spouse, domestic partner or next of kin, to give a general description of the major probate assets (RCW 11.28.110). Knowing the debts also decides whether the estate is solvent, which is the precondition for the nonintervention powers most Spokane County personal representatives ask for. Sunset's asset-discovery work, searching more than 2,300 financial institutions, exists for this step.
Which court handles jurisdiction
The Superior Court in Spokane County serves all of Spokane County, from the city of Spokane out through Spokane Valley, Liberty Lake, Cheney, Airway Heights, Medical Lake, Deer Park, Millwood, Rockford, Fairfield and Latah, and it hears probate for a Spokane County decedent. There is one courthouse and one filing counter: the Spokane County Courthouse at 1116 W Broadway Avenue, with the Clerk's Office in Room 300 on the third floor. Spokane County has no satellite probate counter and shares no superior court judge with a neighboring county.
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)). Once letters have been granted, the rest of the estate stays in that county (RCW 11.96A.050(5)). A narrow exception removes the choice: a petitioner seeking appointment under RCW 11.28.120(3), the route open to a person not otherwise entitled after 90 days, must file where the decedent resided.
Spokane County's fee schedule quietly reflects the practical side of that rule. It carries a $20 line for a notice of probate filed here when the probate itself was filed in another county, which is the filing an out-of-county estate makes when it needs a record in Spokane County. If the decedent lived in Spokane County, file here and avoid the question.
The jurisdiction process
- Confirm venue. Spokane County is the practical county when the decedent lived here at death (RCW 11.96A.050(4)), and filing in the county of residence avoids a change-of-venue motion in the first four months and keeps the creditor publication in the same county as the case (RCW 11.40.020(2)).
- Choose the route. With a will, the petitioner asks the court to probate the will and issue letters testamentary, and the court may hear the proofs immediately and enter an order establishing the will (RCW 11.20.020). With no will, the applicant petitions for letters of administration in the statutory priority order (RCW 11.28.120(1)), and the 2026 amendments to RCW 11.28.110 require the application to state the heirs and the applicant's search for them and, unless the applicant is the spouse, domestic partner or next of kin, to describe the major probate assets. Most Washington personal representatives also petition for nonintervention powers so the estate can be administered and closed without further court supervision (RCW 11.68.011). A modest estate holding only personal property may instead be collected by sworn affidavit with no court case opened (RCW 11.62.010); the routes and their thresholds are on the Washington state page.
- Prepare the documents. Washington publishes no statewide probate form set, so the petition, the oath or acceptance of appointment, the proposed order and the proposed letters are drafted by the filer or the attorney. Spokane County adds one mandatory local sheet: a Spokane County Clerk Indexing Sheet, Clerk Form 1, must be completed and filed with all initial pleadings at the time the pleadings are assigned a cause number (Local Civil Rule 5(d)(7)). If any financial source document, personal health care record or confidential report goes into a Title 11 case, put it behind the matching GR 22 sealed cover sheet and the Clerk seals it without a court order (LGR 0.15(c)(2)). Form packets are on the Clerk's forms pages, and printed form packets are sold at the Spokane County Bar Association office on the fourth floor of the courthouse annex.
- File with the Spokane County Clerk. You may file at the counter in Room 300, mail the papers to Room 300, 1116 W Broadway Avenue, Spokane, WA 99260-0090, or e-file. E-filing runs through the Clerk's own TrueFiling system at tf3.truefiling.com, which is optional for attorneys and self-represented parties alike (LGR 0.30(a)) and free to use and to set up an account for. Two Spokane rules shape a probate e-filing: the original will or codicil cannot be e-filed and must reach the Clerk on paper (LGR 0.30(b)(1)), although you may e-file the case with a copy of the will to get the orders signed as long as the original is on file before the letters issue; and anything e-filed after 5:30 p.m. counts as received the next judicial day (Local Civil Rule 5(e)). Allow about two business days for an e-filed document to appear in the electronic file, because entry is manual, and bring urgent same-day filings in on paper.
- Pay the fee. $290 to open a 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)), listed as "Estate Filing $290" on the Spokane County Clerk fee schedule, listing fees effective June 11, 2026. Plan the payment method before you go: the Clerk states filing fees must be paid by cash, money order, cashier's check or an attorney trust account check and that it does not accept debit or credit cards. A filer who cannot afford the fee may ask the court to waive it under GR 34, using the Clerk's waiver of filing fees form.
- Get the opening order signed in Ex Parte, or have the Clerk present it for you. The Ex Parte Department reviews and signs orders that begin a case, including a probate. Its hours are Monday 10:30 a.m. to noon and 1:30 to 4:00 p.m. and Wednesday and Friday 9:00 a.m. to noon and 1:30 to 4:00 p.m.; it is closed Tuesday and Thursday. Matters are heard first come, first served: put your pleadings in the box marked "Place Papers Here" beside the judicial officer, the clerk checks them for completeness, and the commissioner calls your name, then signs, modifies, denies or returns the order for more information. If you cannot come in, the Clerk's mail-in ex parte presentment service will present the documents for you for $30 by check or money order payable to Spokane County Clerk, with a cover sheet, the original motion and order, labeled copies and a self-addressed stamped envelope; the Clerk asks filers to allow roughly a month.
- Note a hearing only where the matter needs one, and note it on the county's form. A Spokane probate normally gets no judge assigned at filing (LAR 0.4.1(d)), and an unassigned probate or Trust and Estate Dispute Resolution Act matter is noted for hearing on a court-approved form and scheduled with the judicial assistant for the judge hearing unassigned civil matters (Local Civil Rule 40(a)(3), and LSPR 98.20(a), which makes probate subject to Local Civil Rule 40). The note for hearing and the moving papers are served and filed at least 12 days before the hearing, responses at least 7 days before, replies at least 2 days before, and the moving party confirms the matter is ready with the judicial assistant by noon three days before. Bench copies are physical, not electronic, and in an unassigned case they go to the court administrator's office when you file.
- Appear, in person or remotely. Oral argument is limited to 10 minutes per side unless the judicial officer grants more (Local Civil Rule 40(b)(14)), and the Ex Parte Policy limits ex parte motions and bench conferences to 10 minutes total, encourages agreed and default orders between 10:30 and 11:30 a.m., and sends a contested matter needing longer to an available trial court through the court administrator's office. Requests to attend an Ex Parte hearing by phone or video go to the Ex Parte courtroom at (509) 477-4421. If you are unsure which courtroom, ask at the Clerk's Office in Room 300.
- Receive the letters. Once the court signs the order appointing the personal representative and the oath or acceptance is on file, the Clerk issues the letters testamentary or letters of administration. Where there is a will, the original will has to be on file before the letters issue, even in a case that was otherwise e-filed. Certified proof of authority is what banks and title companies ask for: Spokane's schedule prices letters of administration, guardianship or testamentary at $5 and the execution of a certificate with or without a seal at $5, and a certified copy of a document at $5 for the first page plus $1 per additional page (RCW 36.18.016).
- Administer and close. Within 20 days after appointment, 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 nonprobate beneficiary, and file proof of mailing (RCW 11.28.237(1)). If you give notice to creditors, file it with the court and publish it once each week for three successive weeks in a legal newspaper in the county where the estate is being administered, which opens the four-month claim bar (RCW 11.40.020 and RCW 11.40.051); the Clerk publishes Spokane County's List of Official Publications, the court-approved newspapers under RCW 65.16.020, with each paper's publication day and copy deadline. Collect the assets, pay valid debts, sell Spokane County real estate where the estate needs to, distribute, and close. A personal representative with nonintervention powers closes without returning to court for supervision; without them, accountings go back to the court, and Spokane's own rule requires a final account in charge and discharge form reconciled to the balance on hand, with receipts and cancelled checks kept out of the clerk's file unless the court or an objection calls for them (LSPR 98.04(a)).
Executor duties
A Spokane County personal representative carries the statewide Washington duties, which are covered on the Washington state page: notice of the appointment and pendency of the probate within 20 days (RCW 11.28.237(1)), creditor notice and the four-month claim bar (RCW 11.40.020 and RCW 11.40.051), collecting the assets, paying valid debts, and distributing and closing, with nonintervention powers removing the need for court supervision along the way (RCW 11.68.011). Spokane's own rules add a short list on top, and they are the ones that most often send a Spokane County filer back to the counter.
Publish the creditor notice in a newspaper the county has actually approved. The statute requires publication in a legal newspaper in the county where the estate is being administered (RCW 11.40.020(1)), and the Spokane County Clerk publishes the county's List of Official Publications, the papers approved as official papers for publication under RCW 65.16.020, with each paper's publication day and the deadline by which notices must be received. Pick from that list and work backward from the paper's own copy deadline, because the three successive weekly insertions have to run before the four-month bar starts to mean anything.
Keep the accounting in Spokane's format if the estate ever has to account. Receipts and cancelled checks supporting final and intermediate accounts are ordinarily not filed with the Clerk; supporting documentation goes to the court only as needed to resolve an objection by an interested party or an issue the court raises. Final accounts are prepared in charge and discharge form, accounting for all assets received by the personal representative and all credits claimed, and reconciled to the balance of assets on hand to be distributed (LSPR 98.04(a)). A personal representative with nonintervention powers usually never files one, which is exactly why the format surprises the estates that do.
Use the local safe-deposit-box route if the will is locked in a box. On a petition showing the jurisdictional facts as to the estate and alleging a belief that a will exists in a safe deposit box the decedent could reach, the court may order the person controlling the box to open it in the petitioner's presence and deliver any document purporting to be the will to counsel for immediate filing or to the Clerk, who issues a receipt with a reproduction of the will attached. The custodian's fees and mileage are the same as a witness's and the petitioner pays them (LSPR 98.04(a)(3)).
Keep your address current with the court and expect to appear yourself. The Clerk publishes a notice of address change form for exactly this, and the county's guidance is explicit that you must present your documents to the court in person and that a family member or friend cannot appear for you; only an attorney may represent another person. The Clerk's mail-in ex parte presentment service and the Ex Parte phone and video option are the two sanctioned ways around a personal trip.
Forms and documents
Probate forms in Spokane County
Washington has no statewide probate form set, and that is worth saying plainly because it surprises people who expect a fill-in packet. The Washington Courts forms index at courts.wa.gov publishes statewide forms for family law, guardianship and conservatorship, criminal, behavioral health, juvenile, financial, protection order and access-to-court matters, among others, and it publishes case information cover sheets and the GR 34 fee-waiver forms, but there is no probate category. Spokane County Superior Court's own forms page follows the same pattern: it carries arbitration, civil, criminal, family, juvenile, truancy, protection order, guardianship and trust forms, and no probate set. A Washington probate petition, the oath or acceptance of appointment, the proposed order and the proposed letters are drafted by the filer or the attorney.
Spokane County does have local forms a probate filing needs. The Spokane County Clerk Indexing Sheet, Clerk Form 1, is mandatory: an indexing cover sheet must be completed and filed with all initial pleadings at the time the pleadings are assigned a cause number (Local Civil Rule 5(d)(7)), and the Clerk publishes the current sheet along with its indexing categories. A hearing is set by filing the county's own calendar note, the Note for Hearing and Issue of Law form, and the Clerk's own guidance is blunt that calendar notes are county specific and you should use the Spokane County version so the matter lands on the right calendar. Restricted material in a Title 11 case goes behind the Clerk's sealed cover sheets, the sealed financial source, sealed personal health care records and confidential reports sheets, which cause the Clerk to seal the document without a court order (LGR 0.15(c)(2)). For a will deposited with the Clerk before death, the Clerk publishes a Will Repository cover sheet example plus a Motion and Declaration to Withdraw Will and an Order to Withdraw Will, and the cover sheet itself is handed out in person at the Clerk's Office. The Clerk's pro se page adds generic forms a self-represented filer often needs alongside the petition: a declaration, a notice of appearance, a notice of address change, a pro se pleading form and the waiver of filing fees form.
For plain-language guidance and the practical self-help packets, WashingtonLawHelp (washingtonlawhelp.org), published by the Northwest Justice Project, is Washington's main self-help publisher for estates, including its small estate guidance and Small Estate Affidavit packet. Printed form packets can be bought at the Spokane County Bar Association office in the courthouse annex, 1116 W Broadway, fourth floor, (509) 477-6032. Confirm a Spokane County form's current version on the Clerk's forms pages before relying on it, and remember that the Clerk cannot review your documents for legal compliance or give legal advice.
Fees
The $290 fee to open a probate is statutory and identical in every Washington county (RCW 36.18.020(2)(f), (5)(c), (6)). What Spokane County adds are the service charges an estate actually runs into at this counter, all published on the Spokane County Clerk fee schedule, listing fees effective June 11, 2026, which the Clerk notes are the fees in effect as of June 11, 2026. The payment rule is the one that catches people out: the Clerk states that filing fees must be paid by cash, money order, cashier's check or an attorney trust account check, and that it does not accept debit or credit cards. Fee waivers for the filing fee are available under GR 34, and the Clerk publishes a waiver of filing fees form.
| Charge | Amount | When it applies |
|---|---|---|
| Estate filing | $290 (RCW 36.18.020(2)(f), (5)(c), (6)) | Opening a probate, the first document filed in the case. The same $290 applies to a petition to contest a will, a petition to admit a rejected will, a petition objecting to a nonjudicial resolution, a nonjudicial probate agreement or memorandum filed as its own case, and a nonprobate notice to creditors |
| Ex parte presentment by the Clerk | $30 (RCW 36.18.016(12)) | Having the Clerk present your documents to the Ex Parte Department instead of appearing yourself, whether you drop them at the customer service counter or mail them in. Payable by check or money order to Spokane County Clerk |
| Will only | $20 | Filing the original will with the Clerk after death when no probate is being opened. The Clerk asks that a will-only filing be sent by US Mail with the fee |
| Will repository deposit | $20 | Depositing an original will with the Clerk under seal before death, using the Clerk's Will Repository cover sheet. Withdrawal by anyone other than the testator takes a court order, and the Clerk publishes the motion and order forms |
| Notice of probate filed here when the probate is in another county | $20 | Putting a record of an out-of-county probate on file in Spokane County |
| Nonjudicial probate agreement or memorandum inside an existing case | $20 | Filing a nonjudicial agreement or memorandum in a probate that is already open here, rather than as a new case |
| Letters of administration, guardianship or testamentary | $5 | The certified proof of authority a bank or title company asks for. Spokane's schedule also prices the execution of a certificate with or without a seal at $5, its "Form K preparation" line; name the item you want by function, because two different statutory lines carry that nickname (RCW 36.18.016) |
| Certified copy of a document | $5 for the first page plus $1 per additional page (RCW 36.18.016) | Certified copies of the order, the letters or anything else in the estate file. Non-certified copies are $0.50 per page, and electronic copies sent by email are also $0.50 per page |
| Postage and mailing handling | $2 | Any mailed copy request submitted without a stamped self-addressed envelope of sufficient size and postage |
| Duplication of a recorded court proceeding | $25 per court date copied, plus $5 for each electronic storage medium | Ordering the recording of a probate hearing |
Timeline
- Nothing in a Spokane County probate runs on a case schedule. A probate case, case type 4, receives no order of assignment at the time of filing (LAR 0.4.1(d)), and probate cases are expressly outside the court's civil time-disposition standards (LAR 0.4(b)). There is no status conference date, and no clock the court measures you against.
- Time the opening order to the Ex Parte calendar, not to the counter. The Ex Parte Department sits Monday 10:30 a.m. to noon and 1:30 to 4:00 p.m. and Wednesday and Friday 9:00 a.m. to noon and 1:30 to 4:00 p.m., and is closed all day Tuesday and Thursday. Estate matters sit fifth in the department's published priority order, behind protection orders, emergency restraining and minor guardianship orders, default motions and bench conferences, and other requests for temporary restraining orders (Spokane County Superior Court Ex Parte Policy, effective January 1, 2026).
- Aim for the morning window. The court encourages parties to present agreed or default orders and to set bench conferences between 10:30 and 11:30 a.m. on Monday, Wednesday and Friday. After 3:00 p.m. only protection orders and self-represented matters are heard; other orders may be left but the court does not guarantee same-day review, will not report status, and will not return unsigned originals, so check Odyssey Portal for the status of an order you left.
- If you are mailing the opening order in, allow about a month. The Clerk asks filers using its mail-in ex parte presentment service to allow roughly a month for the order to be reviewed, and says it strives for less but cannot guarantee it. Build that into any deadline that depends on the letters, and include the self-addressed stamped envelope the Clerk requires or the conformed copies will not come back.
- For an e-filed document, allow about two business days to appear in the electronic file. Entry is manual rather than automated, and the Clerk sends a notification, including the new case number for a new filing, when the documents are processed. A document e-filed after 5:30 p.m. is treated as received the next judicial day (Local Civil Rule 5(e)).
- For any probate matter that needs a noted hearing, count backward 12 days. The note for hearing and the moving papers are served and filed at least 12 days before the hearing, response documents at least 7 days before, and reply documents at least 2 days before (Local Civil Rule 40(b)(9)). Bench copies are physical and, in an unassigned probate, go to the court administrator's office at the time of filing (Local Civil Rule 40(b)(12)(B)).
- Confirm by noon three days out. The moving party must notify the judicial assistant by 12:00 p.m. three days before the hearing that the matter is ready, and confirming also certifies that the bench copies were delivered on time. Failing to confirm can get the hearing stricken or the documents left unread, and an agreed continuance has to be reported to the judicial assistant on the same three-day deadline.
- Keep the argument short. Oral argument is limited to 10 minutes per side unless the judicial officer grants more (Local Civil Rule 40(b)(14)), and an ex parte matter that will take longer than 10 minutes total belongs in a trial court, assigned through the court administrator's office.
- Run the statutory clocks alongside the local calendar: notice of appointment and pendency of the probate within 20 days after appointment (RCW 11.28.237(1)); creditor notice published once each week for three successive weeks in one of the county's court-approved legal newspapers, opening the four-month claim bar, with a creditor given actual notice having the later of 30 days after that notice and four months after first publication (RCW 11.40.020 and RCW 11.40.051); and four months from the mailing of the notice of appointment for any party who wants the case moved to the county of residence (RCW 11.96A.050(4)(a)).
Local nuance
Spokane County-specific considerations
Spokane County's Clerk runs its own e-filing system, and its probate carve-out is the detail that trips people up. The Clerk's Office uses TrueFiling, an ImageSoft product, rolled out in 2021 and supporting all superior court case types, and Spokane's local rule is permissive rather than mandatory: attorneys and self-represented parties may e-file unless a court rule prohibits it (LGR 0.30(a)). The Clerk states plainly that e-filing will not be mandatory at this time and that there is no cost for e-filing at this time, and accounts at tf3.truefiling.com are free to create. What cannot be e-filed is the will: original wills and codicils, including will-only filings and those for new probate matters, must be filed in paper form (LGR 0.30(b)(1)). The Clerk's own e-filing guidance reconciles the two by explaining that you can e-file the probate with a copy of the will, which is enough to get the orders signed, but the original will must be on file before probate letters issue, and a will filed on its own after death goes by US Mail with the $20 fee. Plan on a paper trip or a mailing for the will even in a fully electronic case. Three more TrueFiling limits are worth knowing: judicial working copies and bench copies stay on paper (LGR 0.30(c)), e-service is not automatic and registration to accept it is voluntary (LGR 0.30(d)), and uploads cap at 25 MB per file and 50 documents per bundle.
Second, the Ex Parte Department is where a Spokane probate begins, and it keeps a part-week schedule with a written policy behind it. A court commissioner there reviews and signs orders agreed by all parties, emergency orders, protection and antiharassment orders, and orders that begin a case, such as a probate. It sits Monday 10:30 a.m. to noon and 1:30 to 4:00 p.m. and Wednesday and Friday 9:00 a.m. to noon and 1:30 to 4:00 p.m., and is closed all day Tuesday and Thursday; the 2026 commissioner rotation grid places it in courtroom 202, and the grid is marked subject to change, so confirm the courtroom at the Clerk's Office in Room 300. Procedure is first come, first served: you place your pleadings in the box marked "Place Papers Here" on the left side of the judicial officer, a clerk scans them for completeness and hands them up, and the commissioner calls your name and then signs, modifies, denies, or hands the order back asking for more. The Spokane County Superior Court Ex Parte Policy, effective January 1, 2026 ranks estate matters fifth in priority, limits motions and bench conferences to 10 minutes total, hears only protection orders and self-represented matters after 3:00 p.m., and warns that orders left after 3:00 p.m. may not be reviewed the same day, that the court will not contact parties about status, and that unsigned originals are not returned. Some things the department will not touch at all, including minor settlements, revision motions, summary judgments, contested domestic matters and trials.
Third, Spokane lets the Clerk stand in for you. The Clerk's Office publishes a mail-in ex parte presentment service: for $30 by check or money order payable to Spokane County Clerk, submitted at the customer service counter or mailed to Room 300, the Clerk will present your documents to Ex Parte. The requirements are specific. Send the original motion and order at a minimum, staple and label each document as original, copy or working copy, include a cover sheet with instructions and contact information and any special note about what you need after the order is signed, tag a buried signature line or multiple orders with a post-it, prepay any copy costs, and enclose a self-addressed stamped envelope with enough postage. The Clerk asks that you allow about a month. Local Civil Rule 54(f)(2) is the rule behind it and confirms that routine ex parte or stipulated matters may be presented by mail addressed to the county clerk, with the presentation fee accompanying the original pleadings. For an out-of-state family, this plus the Ex Parte phone and video option is usually the difference between traveling to Spokane and not.
Fourth, a Spokane probate is unassigned by default and scheduled through a different door than a civil case. No probate or guardianship case, case type 4, receives an order of assignment at filing, apart from a minor's guardianship or conservatorship and a transfer to a minor (LAR 0.4.1(d)), and probate cases sit outside the court's civil time-disposition standards altogether (LAR 0.4(b)). Probate and Trust and Estate Dispute Resolution Act matters are subject to Local Civil Rule 40 (LSPR 98.20(a)), and an unassigned probate or Act matter is noted for hearing on a court-approved form and scheduled with the judicial assistant for the judge hearing unassigned civil matters (Local Civil Rule 40(a)(3)). Practically, that means the county's own calendar note controls where your matter lands, bench copies for an unassigned probate go to the court administrator's office rather than a judge's assistant, and if a probate turns contested the court administrator's office is where a trial department gets assigned.
Fifth, two small counter facts change how you prepare. Every new case needs the Spokane County Clerk Indexing Sheet, Clerk Form 1, filed with the initial pleadings (Local Civil Rule 5(d)(7)). And the Clerk does not take plastic: filing fees must be paid by cash, money order, cashier's check or an attorney trust account check, and the Clerk states it does not accept debit or credit cards. A court file also cannot be removed from the Clerk's Office by the public: only listed people, among them attorneys, registered paralegals and legal interns, may withdraw a file to take it to a courtroom or the Bar Association office, so a self-represented filer reviews the file at the counter.
Recent updates
| Date | Change | Source |
|---|---|---|
| January 1, 2026 | A revised Ex Parte Policy took effect, reordering how the Ex Parte Department handles its calendar. Estate matters are ranked fifth in priority, agreed and default orders are encouraged between 10:30 and 11:30 a.m., motions and bench conferences are capped at 10 minutes total, only protection orders and self-represented matters are heard after 3:00 p.m., and orders left after 3:00 p.m. may not be reviewed the same day. Filers are told to check Odyssey for the status of an order and that unsigned originals are not returned. | Ex Parte Policy, effective January 1, 2026, spokanecounty.gov/1540/Ex-Parte |
| June 11, 2026 | The Spokane County Clerk's published fee schedule was updated. It carries the $290 estate filing fee, the $30 ex parte presentment fee, the $20 will only and will repository fees, the $20 notice of probate where the probate is filed in another county, and the copy fees. Confirm any figure against the current schedule before paying. | Fee Schedule, spokanecounty.gov/2095/Fee-Schedule |
| September 1, 2025 | The current Local Rules of the Superior Court for Spokane County took effect, including LCR 5 on filing and the mandatory indexing cover sheet, LCR 40 on noting and confirming hearings, LGR 0.30 on electronic filing and the paper-only exception for original wills and new probate matters, LAR 0.4.1 on probate case assignment, and LSPR 98.04 and LSPR 98.20 on estates. | Local Rules of the Superior Court for Spokane County, courts.wa.gov/court_rules |
| Current practice | The Ex Parte Department is closed all day Tuesday and Thursday, and its 2026 commissioner rotation grid, marked subject to change, places it in courtroom 202. Confirm the courtroom at the Clerk's Office in Room 300 on the day of your hearing. | Ex Parte and Commissioner Rotation Grid 2026, spokanecounty.gov |
Page last reviewed: July 2026.
Scenarios
| Situation | Likely path in Spokane County | Where Sunset helps |
|---|---|---|
| Surviving spouse, co-owned home | A Spokane or Spokane Valley home held with a right of survivorship, or covered by a community property agreement between the spouses (RCW 26.16.120), passes to the survivor outside probate, and title is cleared through the Spokane County Auditor's recording office rather than the Superior Court. Accounts and property in the decedent's sole name may still need probate. Where they do, the survivor petitions the Superior Court in Spokane County for letters and for nonintervention powers, which RCW 11.68.011 directs the court to grant a surviving spouse or domestic partner in a solvent all-community-property intestate estate with no outside issue, and the estate is then administered without further court supervision. The opening order goes to the Ex Parte Department on its Monday, Wednesday and Friday schedule, with the Spokane County Clerk Indexing Sheet filed alongside the petition. If the sole-name property is only personal property and modest, the survivor may be able to use the small estate affidavit instead, with no case opened (RCW 11.62.010). | Asset discovery to separate survivorship and community property agreement property from sole-name assets. Packet generation for the small estate affidavit or for the petition, indexing sheet and nonintervention powers request. Guidance on clearing title through the county recording office. |
| Out-of-state adult child, small estate | If the parent lived in Spokane County and left a modest estate holding only personal property, a claiming successor can often collect it with a sworn affidavit presented directly to whoever holds the property, with no Spokane County court case at all (RCW 11.62.010). Where a probate is needed, the child can do almost all of it at a distance: e-file the petition, the indexing sheet and the proposed order through TrueFiling, or mail them to Room 300, then use the Clerk's mail-in ex parte presentment service for $30 so the Clerk presents the opening order to the Ex Parte Department without anyone appearing, allowing about a month. A noted hearing can often be attended by phone or video by arrangement with the Ex Parte courtroom. The one step that cannot be done electronically is the original will, which must reach the Clerk on paper before the letters issue. | Asset discovery to confirm what the estate holds and whether the affidavit route reaches it. Packet generation for the affidavit or for the petition, indexing sheet, proposed order and proposed letters, ready to mail or e-file. Attorney referral if the estate turns out to be larger or contested. |
| Parent settling a predeceased child's estate, home must be sold | Probate in the Superior Court in Spokane County. With no will, the parent applies for letters of administration under the RCW 11.28.120(1) priority order, and the application must now set out the heirs and the applicant's search for them and, unless the applicant is the spouse, domestic partner or next of kin, describe the major probate assets, under the 2026 amendments to RCW 11.28.110. The parent petitions for nonintervention powers, presented to the Ex Parte Department with the opening papers, and then sells the child's Spokane County real estate under that authority before distributing. Without nonintervention powers, the sale and the accounting go back to the court on a noted hearing under Local Civil Rule 40, which means the note and papers 12 days out, responses 7 days out, replies 2 days out, and confirmation by noon three days out, with a final account in charge and discharge form under LSPR 98.04(a). A dispute among heirs is a Trust and Estate Dispute Resolution Act matter, also governed by Local Civil Rule 40, and anything needing more than 10 minutes goes to a trial department through the court administrator's office. | Asset discovery for the child's accounts, policies and property, which is also what RCW 11.28.110 now expects the application to describe. Packet generation for the administration application, the nonintervention powers petition and the sale papers. Attorney referral to handle a contested step or a disputed sale. |
Self-help resources
| Resource | What it offers |
|---|---|
| Spokane County Clerk, Clerk of the Superior Court (spokanecounty.gov/5493/Clerk) | The filing office's own site: Room 300 address and hours, the fee schedule, the local forms and indexing sheet, the e-filing pages and e-filing FAQ, the mail-in ex parte presentment instructions, the List of Official Publications, the Probates, Wills, Trusts and Guardianships explainer, and how to obtain copies of documents. Clerk's Office (509) 477-2211 |
| Spokane County Clerk e-filing and TrueFiling (spokanecounty.gov/4957/Electronic-Filing and tf3.truefiling.com) | The Clerk's own electronic filing system for all superior court case types, free to set up and free to use at this time, with an e-filing FAQ that answers the probate questions directly: e-file with a copy of the will, get the original on file before letters issue, expect about two business days for processing, and file urgent same-day matters on paper |
| Ex Parte Department, Spokane County Superior Court (spokanecounty.gov/1540/Ex-Parte) | The department that signs the orders beginning a probate: published hours, the first come first served procedure, the list of matters it will not hear, and the downloadable Ex Parte Policy. Requests to appear by phone or video go to (509) 477-4421 |
| Local Rules of the Superior Court for Spokane County (courts.wa.gov/court_rules) | The local rules that actually govern a Spokane County probate: LCR 5 on filing and the mandatory indexing cover sheet, LCR 40 on noting and confirming a hearing, LCR 54(f) on presentation by mail, LGR 0.30 on electronic filing and its paper exceptions, LAR 0.4 and LAR 0.4.1 on probate case assignment, and LSPR 98.04 and LSPR 98.20 on estates. Current set effective September 1, 2025 |
| Spokane County Court Viewer (cp.spokanecounty.org/courtdocumentviewer) | The county's own case lookup, with a dedicated Superior Court Probate search for both hearing dates and case information, by name or case number |
| Odyssey Portal and the Washington Courts case search (odysseyportal.courts.wa.gov/odyportal and dw.courts.wa.gov) | Odyssey Portal is the current superior court record search for Spokane and 36 other counties, and the Ex Parte Policy tells filers to check it for the status of an order left with the court. The statewide search at dw.courts.wa.gov is a pointer index whose own notice warns that dockets, judgments, document links and case status may be inaccurate |
| Spokane County Law Library (spokanecounty.gov/1086/Law-Library) | In the same courthouse at 1116 W Broadway Avenue, second floor, (509) 477-3680, open Monday through Friday 8:30 a.m. to 4:00 p.m. and closed for lunch from noon to 1:00 p.m. Four public computer terminals are available, two of them carrying Lexis subscription databases that can be used only in person, and staff will help locate materials. Note the limits the library publishes: staff cannot give legal advice, answer a legal question, explain procedure or court rules, help fill out forms, or refer an attorney, materials cannot be checked out, and copying is cash only |
| Spokane County Bar Association office, courthouse annex | 1116 W Broadway, fourth floor, Spokane, WA 99260, (509) 477-6032. The county's own pages say forms and packets of forms are available here in hard copy, and it is one of the places a withdrawn court file may be taken, since the public may not remove a file from the Clerk's Office itself |
| WashingtonLawHelp (washingtonlawhelp.org) | The Northwest Justice Project's plain-language self-help library, Washington's main publisher of estate guidance, including small estate guidance and a Small Estate Affidavit packet. The site blocks some automated fetchers, so open it in a browser |
| Northwest Justice Project and CLEAR (nwjustice.org) | Free civil legal help for income-eligible eastern Washington residents through the statewide CLEAR intake line. Probate is not among every program's intake priorities, so confirm coverage before relying on it; the same organization publishes WashingtonLawHelp |
| Washington Courts court forms and directory (courts.wa.gov/forms and courts.wa.gov/court_dir) | The statewide case information cover sheets and the GR 34 fee waiver forms, plus the court directory entry confirming the Spokane County Clerk's address and phone. There is no statewide probate forms category |
| Spokane County Superior Court court dates and schedules (spokanecounty.gov/1687/Court-Dates-Schedules) | The court's own calendars, daily assignments, the commissioner rotation grid that carries the Ex Parte hours, the annual judges docket assignments and the holiday schedule. Superior Court Administration is (509) 477-5790 |
When to hire an attorney
Many Spokane County families complete a probate without counsel. A solvent estate with nonintervention powers is administered and closed without court supervision (RCW 11.68.011), the Clerk's e-filing system is open to self-represented filers on the same terms as attorneys, and the Ex Parte Department expressly makes room for self-represented matters, including after 3:00 p.m. when little else is heard. Counsel makes more sense when the estate is insolvent or its solvency is in doubt, because nonintervention powers depend on solvency; when there is a will contest, a petition to admit a rejected will, or a fight over who should serve; when a Trust and Estate Dispute Resolution Act proceeding is filed, since it is subject to Local Civil Rule 40 and a matter needing more than 10 minutes is sent to a trial department through the court administrator's office; when the estate holds a business interest, out-of-state property, or Spokane County real estate whose sale terms are disputed; when the estate may owe Washington estate tax; when the personal representative is appointed under RCW 11.28.120(3) and therefore cannot receive nonintervention powers; or when an accounting has to be presented and reconciled in the charge and discharge form Spokane's own rule requires. It also matters that only an attorney may appear for another person here, and that neither the Clerk nor the law library staff can review your documents, explain procedure or help fill out a form. Sunset can connect families to a vetted Spokane County probate attorney when the situation calls for counsel.
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, Spokane County real estate, business interests, and unclaimed property, so you know the estate's value for estate settlement, can pick the right Washington route before you file, and can describe the major assets and the heirs the way RCW 11.28.110 now expects.
Generate the probate packet. Sunset assembles the Spokane County filing: the small estate affidavit where the estate qualifies, or the petition, the Spokane County Clerk Indexing Sheet, the oath, the proposed order and the proposed letters, plus the nonintervention powers request, ready to file at the Room 300 counter, to mail, or to e-file through TrueFiling.
Find a local probate attorney. When an estate is insolvent or contested, or a Trust and Estate Dispute Resolution Act proceeding is filed, Sunset connects families to a vetted Spokane County probate attorney to file and appear.
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 probate in Spokane County, Washington?
With the Spokane County Clerk, the Clerk of the Superior Court, in Room 300 on the third floor of the Spokane County Courthouse, 1116 W Broadway Avenue, Spokane, WA 99260. Mail goes to the Spokane County Clerk's Office, County Courthouse, Room 300, 1116 W Broadway Avenue, Spokane, WA 99260-0090, and the office is open 8:30 a.m. to 4:00 p.m. Monday through Friday, closed on federal holidays. The Clerk's phone is (509) 477-2211. Washington has no separate probate court, so the Superior Court in Spokane County handles probate as a case type under RCW Title 11. Venue is any county the petitioner selects (RCW 11.96A.050(4)), but in practice you file where the decedent lived, because an interested party can move venue 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)).
Can I e-file a probate in Spokane County?
Yes, and it is optional rather than required. The Spokane County Clerk's Office runs its own system, TrueFiling by ImageSoft, live since 2021 and supporting all superior court case types, and local rule LGR 0.30(a) lets attorneys and self-represented parties e-file unless a court rule prohibits it. The Clerk states that e-filing is not mandatory at this time and that there is no cost for e-filing at this time; setting up an account at tf3.truefiling.com is free. The probate exception is the will: original wills and codicils, including will-only filings and those for new probate matters, must be filed on paper (LGR 0.30(b)(1)). You may e-file the case with a copy of the will to get the orders signed, but the original will must be on file with the Clerk before probate letters issue. Working copies and bench copies stay on paper, service is not automatic, and anything e-filed after 5:30 p.m. is treated as received the next judicial day.
When does the Spokane County Ex Parte Department hear probate matters?
The Ex Parte Department, where a court commissioner signs the orders that begin a probate, sits Monday from 10:30 a.m. to noon and 1:30 to 4:00 p.m. and Wednesday and Friday from 9:00 a.m. to noon and 1:30 to 4:00 p.m. It is closed all day Tuesday and Thursday. Matters are heard first come, first served: you place your pleadings in the box marked "Place Papers Here" beside the judicial officer, a clerk checks them for completeness, and the commissioner calls your name. The court's Ex Parte Policy, effective January 1, 2026, ranks estate matters fifth in priority behind protection orders and emergency matters, encourages agreed and default orders between 10:30 and 11:30 a.m., limits motions and bench conferences to 10 minutes total, and hears only protection orders and self-represented matters after 3:00 p.m. Orders left after 3:00 p.m. may not be reviewed that day, and the court will not report status or return unsigned originals, so check Odyssey Portal.
How much does it cost to file probate in Spokane County?
$290 to open a probate. The fee is set by statute and is 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 Spokane County Clerk's own schedule lists it as "Estate Filing $290" among fees effective June 11, 2026. Check how you will pay before you go: the Clerk states filing fees must be paid by cash, money order, cashier's check or an attorney trust account check, and that it does not accept debit or credit cards. A filer who cannot afford the fee may ask the court to waive it under GR 34, and the Clerk publishes a waiver of filing fees form. Spokane also charges $30 for the Clerk to present documents to Ex Parte, $20 to file a will only after death, $20 for a will repository deposit, $5 for letters of administration or letters testamentary, and $5 for the first page of a certified copy plus $1 per page after.
Do I have to travel to Spokane to settle a Spokane County estate?
Usually not. You can e-file the petition and the indexing sheet through TrueFiling or mail the papers to Room 300, and the Clerk's mail-in ex parte presentment service will present the opening order to the Ex Parte Department for you for $30 by check or money order payable to Spokane County Clerk, so nobody appears. Send the original motion and order, staple and label each document, include a cover sheet with instructions and contact information, prepay any copy costs and enclose a self-addressed stamped envelope; the Clerk asks that you allow about a month. If a matter does need a hearing, requests to attend Ex Parte by phone or video are made to the Ex Parte courtroom at (509) 477-4421. The one step that cannot be done at a distance is the original will, which must reach the Clerk on paper before the letters issue.
What probate forms does Spokane County require?
Washington publishes no statewide probate form set, so the petition, the oath or acceptance of appointment, the proposed order and the proposed letters are drafted by the filer or the attorney, and Spokane County Superior Court's own forms page carries no probate category either. Spokane does require its own cover sheet: a Spokane County Clerk Indexing Sheet, Clerk Form 1, must be completed and filed with all initial pleadings at the time they are assigned a cause number (Local Civil Rule 5(d)(7)). A hearing is set by filing the county's own Note for Hearing and Issue of Law calendar note, and the Clerk warns that calendar notes are county specific so you should use the Spokane County version. The Clerk also publishes GR 22 sealed cover sheets for financial and health records in a Title 11 case, a Will Repository cover sheet with motion and order forms to withdraw a deposited will, and a pro se packet with a declaration, notice of appearance, notice of address change and fee waiver form. Printed form packets can be bought at the Spokane County Bar Association office on the fourth floor of the courthouse annex.
How do I look up a Spokane County probate case?
Start with the county's own system. The Spokane County Court Viewer at cp.spokanecounty.org/courtdocumentviewer has a dedicated Superior Court Probate search for both hearing dates and case information, by name or by case number in the XX-X-XXXXX-XX format. For current superior court records, the Administrative Office of the Courts lists Spokane among the 37 counties searched through Odyssey Portal at odysseyportal.courts.wa.gov/odyportal, and the court's own Ex Parte Policy tells filers to check Odyssey for the status of an order left with the court. Treat the statewide search at dw.courts.wa.gov as a pointer only, because its own notice warns that dockets, judgments, document links and case status may be inaccurate. Copies come from the Clerk, in person at Room 300 or by mail with the fee and a stamped self-addressed envelope; certified copies are $5 for the first page plus $1 per additional page and non-certified copies are $0.50 per page.
How long does it take to get letters testamentary in Spokane County?
That depends on how you present the order, not on a published waiting time. If you appear in Ex Parte during its Monday, Wednesday or Friday hours with complete papers, a commissioner can sign the order that day, subject to the department's priority order and the caution that anything left after 3:00 p.m. may not be reviewed until later. If you use the Clerk's mail-in ex parte presentment service instead, the Clerk asks that you allow about a month for the order to be reviewed and says it strives for less but cannot guarantee it. E-filed documents take about two business days to appear in the electronic file because entry is manual. Once the order is signed and the oath or acceptance is on file, the Clerk issues the letters, and where there is a will the original will has to be on file first. Spokane County publishes no clerk-window or hearing wait times.
Where do I publish the notice to creditors for a Spokane County estate?
In one of the newspapers Spokane County has approved as an official paper for publication. The statute requires the notice to creditors to be published once each week for three successive weeks in a legal newspaper in the county where the estate is being administered (RCW 11.40.020(1)), which starts the four-month claim bar (RCW 11.40.051), and a creditor given actual notice has the later of 30 days after that notice and four months after first publication. The Spokane County Clerk publishes the county's List of Official Publications, the papers approved under RCW 65.16.020, with each paper's publication day and the deadline by which notices must be received, so choose from that list and work backward from the paper's own copy deadline. If the probate was filed in a different county but the decedent lived in Spokane County, the publication still belongs here (RCW 11.40.020(2)).
Does a Spokane County probate get assigned to a judge?
Normally no. A probate or guardianship case, case type 4, receives no order of assignment at the time of filing, apart from a minor's guardianship or conservatorship and a transfer to a minor (LAR 0.4.1(d)), and probate cases sit outside the court's civil time-disposition standards altogether (LAR 0.4(b)), so there is no case schedule order and no status conference. Probate and Trust and Estate Dispute Resolution Act matters are subject to Local Civil Rule 40 (LSPR 98.20(a)), and an unassigned probate is noted for hearing on a court-approved form and scheduled with the judicial assistant for the judge hearing unassigned civil matters (Local Civil Rule 40(a)(3)). Bench copies in an unassigned probate go to the court administrator's office at the time of filing, and if the estate turns contested the court administrator's office assigns a trial department.
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.