[WSBAPT] King County (Seattle) probate hearing procedure

[Eric Nelsen]

King County probate practitioners-I just spent some considerable time trying to get my head wrapped around the Seattle Ex Parte process for noting a hearing, and here's what I think I have concluded. If anyone has further insight or can tell that I have something wrong, please say something!

Broadly regarding Ex Parte, the best information resource is to start at:
https://kingcounty.gov/en/court/superior-court/courts-jails-legal-system/ex-parte-probate
Also review LCR 40.1 regarding Ex Parte, LCR 98.04 regarding probates, and of course LR 7 since it fills in gaps that LCR 98.04 might not address.

Information provided on the court's website regarding when and how hearings are held is not consistent. Things have been in flux for the last few months due to the loss of funding and necessary restructuring, and some recent changes haven't made it into the online information. The calendar information doesn't match the notice form or the hearing reservation system. For the moment, the reservations calendar appears to control over anything that conflicts with what it says.

To schedule a hearing, find and reserve an available slot on the reservations calendar: https://superiorcourt.kingcounty.gov/ex-parte-online-scheduling
In Seattle (not Kent), probate hearing options on the reservations calendar show as:
Monday 9 AM - virtual
Tuesday 9 AM - virtual
Wednesday 9 AM - in-person
Wednesday 1:30 PM - in-person
Friday 9 AM - two separate slots, virtual and in-person

The alleged pattern of weekly time slots for hearings in Ex Parte is posted here<https://cdn.kingcounty.gov/-/media/king-county/depts/superior-court/documents/ex-parte/ex-parte-court-customers-calendar-notice-final.pdf?rev=51220b88394f430dafcebbc73e6a7048&hash=65B6DA0B38879A89BDE4DDB22ABCEB65>-except unfortunately, it doesn't match the reservations calendar for Seattle. (I haven't compared the Kent information.) It does not show the Tuesday 9 AM probate slot at all, and shows both Friday slots as in-person instead of one in-person and one virtual. Re the Friday hearings, I know the reservation calendar is correct. I found this out by talking to a clerk in W-325 when I stopped by there shortly before going up to presiding for the oath renewal on May 1. I assume (hope) that hasn't changed in the last two weeks.

Once you reserve a date and time, complete the note for hearing on commissioner's calendar, forms available at: https://kingcounty.gov/en/court/superior-court/courts-jails-legal-system/notice-of-court-date-forms

And again, unfortunately, the form doesn't appear to get the Friday hearings right-it says Friday 9 AM is via Zoom only, and doesn't mention the Friday 9 AM in-person slot. If you pick Friday 9 AM in-person, I think I'd probably alter the form to add that information, and in the notice box at the top of the form, emphasize that the hearing is in-person and not via Zoom.

Frankly, I think the court's form may not be adequate to give notice when a hearing is in-person-it doesn't even have the address of the courthouse anywhere on the form! If I'm concerned about due process on a contested hearing, I might alter the form further by deleting the page with Zoom instructions and adding notice language that provides the address and room number W-325 for the hearing. The other option is to include a separate, additional Notice of Hearing that does include all the proper information, that is served on the parties in addition to the required form. But you do still also have to use the court's form, or the clerk won't schedule the hearing.

Once the notice form is completed, file and serve everything on the parties as required (and publish notice if that's required), including serving (but not filing) a proposed Order. Don't forget to do a Declaration of Service documenting what documents were served on whom.

Then order working copies for the Court-not ex parte via the clerk, but working copies. See LCR 98.04(b)(7)<https://kingcounty.gov/en/dept/dja/courts-jails-legal-system/superior-court-local-rules/local-civil-rules/lcr-98-04>. That's an available option on KCScript. Include all the documents served on the parties, including the proposed order.

All input and suggestions appreciated!

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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