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LIT
18

Procedures - Ex Parte and Probate

All current ways to finalize Family Law matters, adoptions, guardianships, trusts, and probates through Ex Parte.

Ex Parte via the Clerk

Ex Parte via the Clerk is a function of the Superior Court Clerk's Office, which is also known as the Department of Judicial Administration. If you have any questions about e-filing, the status of a submitted order, fees, or general information about the Ex Parte using the Clerk process, please contact the Clerk's Office by phone or email:

Generally, if the case is unopposed, including:

  • Any agreed order or any order that does not require notice to any other party
  • Interested person or entity
  • Does not require the approval of the assigned judge
  • Is not reserved to any other calendar by any statute, court rule or court order

For detailed information on which orders may be presented in person or via the Clerk, please refer to the list of Clerk Ex Parte matters. The Clerk’s office will follow the Local Rules and this master list to determine if your matter may be heard with or without oral argument.

Orders to Show Cause

All Motions for Show Cause shall be presented Ex Parte via the Clerk. Prior to submitting the Show Cause motion, parties must first reserve an available date on the Ex Parte Scheduling Website. A copy of the email confirming your reserved hearing date must be included in the Ex Parte via the Clerk submission. If the return hearing is before the assigned trial court, the moving party shall obtain a date for such hearing from the staff of the assigned trial court before filing (LCR 7(b)(9)). For all cases where the return on the order to show cause is to a calendar, rather than before the assigned judge, the moving party shall select the return date and state the calendar in the proposed order (LCR 7(b)(3) and LFLR 5).  

Orders Waiving Filing Fees

In Forma Pauperis Motions, where the party is attempting to seek a waiver of the initial filing fee, are sent to the Ex Parte and Probate Department. Forms and instructions for these waivers are available from the Clerk's Office. 

How to start new cases with fee waiver applications (707KB)

Unopposed matters

Unopposed matters, including any agreed order or any order that does not require notice and does not require the approval of the assigned judge and is not reserved to any other calendar by any statute, court rule or court order may be presented Ex Parte via the Clerk.

Order on Motion for Default

Motions for default orders and default judgments shall be presented Ex Parte via the Clerk, unless any defendant has appeared in the matter, in which case it shall be noted before the assigned judge, or if no judge has been assigned to the Respective Chief Judge in accordance with LFLR 5, LCR 7 and LGR 29(h). Click HERE for instructions for noting default family law motions which require notice.

Guardianship/Probate

Use Ex Parte via the Clerk to submit Guardian ad Litem for new Guardianships/Petitions for Appointment of Title 11.

How to start new cases with fee waiver applications for "public pay" cases (707KB)

Any matter which does not require notice (e.g. certain periodic reports, approval of bond) shall be submitted Ex Parte via the Clerk. Probates with wills must have the original will delivered or mailed to the Clerk for delivery to the Commissioner contemporaneous to the Petition. Those matters which do not require notice shall be presented Ex Parte via the Clerk.

The court case file is not reviewed. All supporting documents necessary for the Court to decide the issue must be provided, including but not limited to copies of all documents (e.g., Affidavits of Service) that are referenced in the proposed order. Optional: Use the Ex Parte Information Sheet if you want to bring to the Court's attention specific information. This document will be filed into the case file.

Finalizations and other Family Law matters

Agreed Family Law orders which previously would have been presented in person to Ex Parte or Family Law should be submitted via e-filing through the Family Agreed Orders - Orders for Review process (803KB).

Agreed final orders (orders that finalize the case)

If there is an attorney agreed or default final orders should be submitted through the e-filing system.

Cases with children should be submitted to the EXP Family Agreed Orders Order for Review queue. Cases without children should be submitted through the Ex Parte Via the Clerk.

Screenshot of the e-filing system interface pointing to Order for Review with the label Cases with Children and another arrow pointing to Ex Parte via the Clerk with the label Cases with Children.

If both parties are self-represented

Final orders should be submitted through the Family Law Facilitators. All in-person hearings for self-represented litigants on the agreed finalization (final decree) calendar have been suspended. 

Adoptions

Minor adoptions

Adoptions should be noted 14 days in advance at 1:30 pm. All agreed Adoption matters that do not require in-person can be done by telephone. Adoption finalizations are allowed over the phone when the parties provide signed interrogatories instead of live testimony. Adoption matters other than final orders can be submitted via Ex Parte via the Clerk. Washington State Department of Children, Youth & Families adoptions will not be heard in Ex Parte and must be scheduled separately. For minor adoption hearings, the Court will contact the parties at the time of the hearing to maintain confidentiality of proceedings.

Adult adoptions

Adult adoptions must be noted for hearing consistent with Emergency Order 18. Hearings should be set at least 9 days in advance at 1:30 pm. Parties should call the appropriate conference line at the time of their hearing. Adult adoptions are not closed proceedings and the only documents required are a Petition for Adoption signed by the adoptive parent(s), some form of consent by the adoptee, the Findings and Conclusions of Law, and the Decree of Adoption.

The Court may hold ceremonial adoption hearings via Zoom or in person in limited circumstances as public health circumstances permit. Please contact King County Adoption Services for more information.

Probates

After someone's death, their money and property (called an estate) must be distributed to their heirs. When supervised by the courts, this process is called probate. Probate is not always necessary, but in some situations, probate may be required. Probate may be preferable when you must pay debts, claims or taxes, or if you anticipate disagreement over division of the estate.

A will is a legal document that determines what happens to your property after your death. A will states who receives property and in what amounts. Property distributed under the terms of the will become the probate estate. In addition to distribution or transferring property, a will may have other functions such as to name a guardian for any minor children or to create a trust on behalf of children or others.

Probate matters should be noted at least 14 days in advance at 10:30 am. Probates with wills must have the original will delivered or mailed to the Clerk for delivery to the Commissioner contemporaneous to the Petition. Those matters which do not require notice shall be presented Ex Parte via the Clerk. 

Will Repository

The Clerk's Office offers a will repository service. You can file an original will with the court, under seal, before the death of the testator (RCW 11.12.265). The fee for this service is $20 per will or codicil as set by RCW 36.18.016(28). The will may be withdrawn by the testator upon showing of proper identification. Any other person, such as an attorney or Guardian, may withdraw the original will only with a court order after showing of good cause. Upon request and presentation of a certified copy of the testator’s death certificate, the Clerk’s Office will unseal the file. If a probate file is opened at that time, the full filing fee must be charged per RCW 36.18.020(2)(f).

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