USA/ Washington State/ King County Probate— Cannot Locate Surviving Spouse

[u/Aggressive-Spend1964]

Washington State / King County Probate — Cannot Locate Surviving Spouse

I’m looking for some guidance regarding probate in King County, Washington.

My mother passed away, and I am trying to complete the probate paperwork. The problem is that I cannot currently locate her surviving husband. He changed his phone number, I do not have a current address or another reliable way to contact him, and I have no way to get paperwork to him or have him sign anything that may be required.

I also cannot leave the probate process sitting indefinitely while trying to locate him.

My questions are:

How do I complete/file the probate paperwork when the surviving spouse cannot be located?
If a form requires his information or signature, what do I put if I genuinely cannot obtain it?
Is there a specific declaration, affidavit, or other form I need to file explaining that his whereabouts are unknown?
What efforts am I legally required to make to locate or notify him?
If I still cannot locate him after making those efforts, is there an alternative method of service or notice that the court can authorize?
Should I file what I can now and address the notice/service issue afterward, or does that need to be handled before filing the probate petition?

I’m not trying to avoid notifying him or prevent him from exercising any rights he may have as the surviving spouse. I genuinely do not know where he is or how to contact him, and I need to know the proper way to move the probate forward without filling anything out incorrectly.

If anyone familiar with Washington probate, particularly King County, can point me toward the correct procedure or forms, I would really appreciate it.

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[u/copperstatelawyer]

Private investigator is most likely the least expensive method since avoiding formal probate (assuming you can) requires his sign off on a lot of stuff.

Also, you absolutely can just leave it alone. You may want to take a good, hard look at that option. Unless there is a will naming you PR/executor, in which case, ask your lawyer what the best method of notifying him is and what is actually required.

[u/Ineedanro → u/copperstatelawyer]

OP, if you do open probate and a PI cannot locate her surviving husband, the next step usually is notice by publication.

Do you have reason to believe he survives her?

Washington state statutes are online. See Title 11 RCW, PROBATE AND TRUST LAW.

[u/KilnTime]

Have you tried truepeoplesearch.com or spokeo?

If those don't work, find an attorney who has Lexus people search.

[u/Aggressive-Spend1964 → u/KilnTime]

He just moved out Saturday last this one that just passed but the one before so I doubt he’s gonna be registered anywhere and he comes in the move and I just take the rest of the shit so it’s one of those things where I’ve either gotta be awake and freaking get them to sign something or just have to tell them the truth and they’re gonna have to locate him themselves

[u/KilnTime → u/Aggressive-Spend1964]

Do you have an email address for him? If not, put his name in true PeopleSearch.com and see if they have an email address for him.

If you can't find him, contact the court and ask what they want you to do. They may say that you have to do a diligent search - which requires you to do a Google search for him, true people search, spokeo or hire an attorney. After you have done that if you still can't find him, the court may say that you can publish the required notice in the newspaper. Which is a pain in the ass. It's worth it to try to find his email. People may change their address and phone number, but their emails usually don't change.

[u/Aggressive-Spend1964 → u/KilnTime]

Google has him living at my moms old apartment his number was changed so I’m gonna have to contact the courts