Washington Guardianship Notice and Service of Process: Who Gets Served and How

Service of Process Is Where Most Self-Filed Cases Stall

Filing the guardianship petition is straightforward. Serving it correctly on every required party is where cases break down. Washington law under RCW 11.130.195 specifies exactly who must be served, how they must be served, and what happens if you cannot find them. Getting any of these details wrong can delay your hearing by months.

The rules distinguish between people who must receive formal personal service and those who can be notified informally.

Who Requires Personal Service

Formal personal service means physically handing the Summons (GDN M 001), Petition (GDN M 102), Notice of Hearing (GDN M 101), and Declaration of Reasons (GDN M 103) to the person, delivered by someone at least 18 years old who is not a party to the case.

These people must be personally served:

• Both legal parents of the child
• The child, if age 12 or older
• Any existing guardian or custodian, including anyone with a nonparental custody order under the former Chapter 26.10 RCW
• Any other person the court determines should receive personal service

You prove service was completed by filing Form GDN ALL 007 (Proof of Personal Service) with the court. The person who actually delivered the documents signs the form — not you.

Who Gets Informal Notice

Other interested parties can be notified by first-class mail, email, text message, or hand delivery. This group includes:

• Biological or legal grandparents of the child
• Adult siblings of the child
• Any appointed conservator or standby guardian
• Any adult who has had primary care and custody of the child but is not a parent or guardian — including anyone who provided primary care for at least 60 days in the preceding two years or 730 days in the preceding five years

Informal notice is simpler to execute, but keep records of how and when you sent it. The court may ask for proof that notice was provided.

Response Deadlines After Service

How much time a respondent has to file a response depends on how and where they were served:

The response period runs from service, and a default may be entered only after it expires. Check your case schedule for hearing dates.

Serving an Incarcerated Parent

If a parent is in jail or prison, they must still be personally served. You cannot skip them or claim they are unreachable just because they are behind bars.

To serve an incarcerated parent:

1. Identify the facility where the parent is housed (check the DOC inmate locator or call the county jail)
2. Arrange for any competent person at least 18 years old who is not a party to deliver the documents at the facility
3. Follow the facility's procedures for legal document delivery — some require advance notice or specific visiting windows
4. The incarcerated parent gets 60 calendar days to respond, not the standard 20

Coordinate with the facility early. Correctional institutions have their own rules about when and how legal papers can be accepted, and delays here can push back your entire hearing schedule.

When You Cannot Find a Parent

You cannot simply tell the court a parent is missing. If a parent cannot be located, you must demonstrate that you made a genuine, diligent effort to find them before the court will authorize an alternative method of service.

The process:

1. Document your search efforts — check last known addresses, contact relatives, check jail registries, search public records
2. File a Motion for Alternate Service with the court, detailing every step you took
3. If the court grants the motion, it may authorize service by publication or by mail under CR 4(d)(4) when the circumstances justify publication and mail is just as likely to give actual notice.
4. Service by publication runs in a local newspaper and gives the respondent 60 days to respond from the first publication date

The court takes the diligent search requirement seriously. A bare assertion that you "tried to find them" is not enough. Keep written notes, screenshots, and records of every attempt.

The ICWA Notice Requirement

If you know or have reason to know the child is or may be an Indian child, additional notice requirements apply under the federal Indian Child Welfare Act and Washington's WICWA (Chapter 13.38 RCW). Form GDN M 401 and a copy of the petition must be served by certified mail, return receipt requested, on the child's tribe's designated agent, the parents, any Indian custodian, and the Bureau of Indian Affairs. The Summons and Petition must also be personally served on the parents and any Indian custodian. If the identity or location of a parent or Indian custodian and the tribe cannot be determined, RCW 13.38.070 directs notice to the Secretary of the Interior by registered mail, return receipt requested. The parent, Indian custodian, and tribe's agent are entitled to at least 10 days' notice before the first hearing and may request up to 20 additional days to prepare.

The ICWA inquiry is mandatory. Even if you believe the child has no tribal connection, the petition form asks, and you must investigate and answer truthfully.

Practical Tips for Managing Service

• Start service immediately after filing. The response period does not begin until documents are delivered. A default may be entered only after the response period expires; follow the court's case schedule for hearing dates.
• Use a friend or family member as your server. You do not need a professional process server or the sheriff — any person at least 18 years old who is not a party can serve papers.
• Keep copies of everything. Make an extra set of documents for your records, and photograph or scan each proof of service before filing it.
• Track deadlines in writing. Note the date of service, calculate the response deadline, and mark it on a calendar.

The Washington Guardianship and Custody Court Process Guide includes a service tracking log that walks through each required party, the method of service, and the deadline calculations.

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