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WA-Probate > Washington-Guardianship > Procedural Matters: For a Guardian
VI. Procedural Matters
Notice of the filing of any pleading is required be given to every member entitled to notice, as listed in what this website calls the "Notice List of the Guardianship." Those persons are all those persons:
Who have
properly filed and served a Request for Special Notice, under
RCW 11.92.150;
and
That the Court has designated under RCW 11.88.090(5)(d) whom it "believes should receive copies of further pleadings filed by the Guardian with respect to the Guardianship." RCW 11.88.095(1)(g)
If no person is entitled to Notice, then upon your filing of any Petition in the Guardianship, no Notice of its Hearing is required to be sent, and you may simply "Walk the matter through Court." . This relieves you of having to set a hearing and send Notice, but of course, you will still have to go to Court and have your Order signed by a Judge, in an ex parte hearing. Depending on the policies of your particular Court and your willingness to pay an additional fee, you may even be able to avoid having to attend any hearing at Court. See: "Walking a Matter through Court by Mail."
If, however, any person is entitled to Notice, then upon your filing of any Petition in the Guardianship, you must either:
Set a
hearing for the Petition and send Notice of its Hearing
to every person on the Notice List of the Guardianship, or
Obtain a Consent to your Petition or a Waiver of Notice (what this website calls a "Consent & Waiver") by all such persons. If you can obtain all such Consents & Waivers, then you are not required to set any hearing for the Petition and can simply "Walk the matter through Court," either in person or, if the policies of your particular Court permit it, by mail, as if no one were entitled to Notice.
If you must set a hearing and send Notice,
Telephone the probate clerk at your
particular courthouse (Telephone
Numbers) and determine when Guardianship petitions are heard.
Select a suitable date and time for the
hearing on your Petition, making sure that your proposed hearing
date is at least the lawfully required number of days (+3 more days to
satisfy the legal mailing requirements) into the future.
Complete the pertinent Notice of Hearing & Declaration of Mailing form that is specifically described in the website's instructions. If there is no such custom form available for your particular matter, use the generic Notice form and customize it for your particular situation.
Attach to your
Notice & Declaration a copy of your Petition and make sufficient copies of
that combined document (Notice + Petition).
Mail a copy of that combined document (Notice + Petition) to each person on the Notice List of the Guardianship.
Timing: At least the statutorily required number of days (+3 more days for sending notice by mail) before the hearing.
At Court, file and obtain a
Conformed
Copy of your:
Petition and
Notice of Hearing & Declaration of Mailing.
Timing: At least the statutorily required number of days before the hearing --- generally 10 days, although King County requires 14 days despite any statute. If at King County "Downtown" Courthouse:
King County Courthouse
Superior Court Clerk's Office, Room E-609
516 Third Ave.
Seattle, WA 98104-2386
At least in King County: File Working Copies (including a copy of your proposed Order) with the Probate Department at least 7 days before the hearing. [This is most conveniently done by mailing your Working Copies to the Probate Department when you mail your Notice + Petition to all interested parties.] If at King County "Downtown" Courthouse:
King County Courthouse
Ex Parte & Probate Dept., Room W-325
516 Third Ave.
Seattle, WA 98104-2386
Bring the original and a copy of your Order to the hearing on your Petition. Assuming no one objects to your Petition, the Judge will likely ask you for your proposed Order. Hand its original to the Judge (or to the clerk for the Judge) for his/her review and signature. If you need a certified copy of the signed Order, tell the clerk and obtain the signed Order, so that you can take it to the Clerk's Office and obtain the certified copy. If you don't need a certified copy, then simply let the clerk keep the signed Order for filing with the Court. Regardless of whether or not you need a certified copy, conform your copy of the Order for your records.
For further information on:
Probate Court practice and procedure generally, see:
Probate Court Practice.
Notice requirements, in particular, see:
Satisfying Notice Requirements.
Appearing in Court, in particular, see:
Appearing in Court.
Instructions for filing an Annual Report & Account in King County, see:
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