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Washington Guardianship Fee Waiver: How to Qualify and File

The Standard Filing Fee and How to Eliminate It

Filing an adult guardianship or conservatorship petition in Washington Superior Court costs $240 under RCW 36.18.020. For families already stretched by disability-related expenses, this fee can feel like one more barrier in a process that is already intimidating.

Washington provides two separate mechanisms to waive this cost entirely. Understanding both — and knowing which applies to your situation — can save you the filing fee and potentially other court-related costs as well.

Pathway 1: GR 34 Indigency Waiver

Washington's General Rule (GR) 34 allows any litigant to request a complete waiver of civil court filing fees and surcharges based on financial hardship. To apply, you file two forms alongside your guardianship petition:

  • Form WPF GR 34.0100 — Motion and Declaration for Waiver of Civil Fees and Surcharges
  • Form WPF GR 34.0300 — Financial Statement (an attachment detailing your household income and expenses)

Under the Washington Supreme Court's ruling in Jafar v. Webb, trial courts are legally required to grant a complete waiver if the applicant qualifies as indigent. There is no discretion to deny a qualifying application.

You qualify for the GR 34 waiver if any one of these is true:

  • Your household income is at or below 125% of the federal poverty guidelines. For a family of four in 2026, that threshold is $41,250 per year.
  • You receive means-tested public assistance — SSI, TANF, Medicaid (Apple Health), or food assistance (Basic Food/SNAP).
  • You are represented by a qualified legal aid provider (such as the Northwest Justice Project or a law school clinic) that screened you for financial eligibility.

The GR 34 waiver covers filing fees and court surcharges. It applies to the petitioner, not to the respondent's estate — so even if the person under guardianship has assets, the petitioner can qualify independently.

Pathway 2: RCW 11.130.170 Asset-Based Waiver

Separate from GR 34, Washington's guardianship statute includes its own fee waiver provision. Under RCW 11.130.170(2), the court must waive the filing fee if the respondent's (the person proposed for guardianship) total assets are under $3,000.

This pathway looks at the respondent's financial situation, not the petitioner's. It is particularly relevant for young adults transitioning into adulthood who have minimal assets — which describes most 18-year-olds with disabilities.

If your adult child has less than $3,000 in total assets (bank accounts, personal property, and investments), the fee is waived automatically upon filing the supporting declaration.

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Which Pathway to Use

Factor GR 34 Indigency RCW 11.130.170 Asset Waiver
Whose finances matter Petitioner's (your) income Respondent's (your child's) assets
Threshold 125% FPL or means-tested benefits Total assets under $3,000
What it waives Filing fees + surcharges Filing fee specifically
When to use You have low income regardless of child's assets Child has minimal assets regardless of your income

In many guardianship cases for young adults, both pathways apply simultaneously — the petitioning parent has modest income and the young adult has minimal assets. File both declarations to be thorough.

Court Visitor Fees and Beyond

The filing fee is only one cost in the guardianship process. The court also appoints a Court Visitor whose fee must be paid by someone. Under Washington law, the Court Visitor fee is typically paid from the respondent's estate — but if that payment would create substantial hardship (which it will for most young adults with minimal assets), the county assumes the cost.

Some counties set explicit hourly rates and hour caps for publicly-funded Court Visitors. Thurston County, for example, pays registry visitors $75 per hour with a 15-hour cap per case without prior court approval. Check your county's local rules or call the court clerk for specifics.

If you hire an attorney, their fees are a separate matter not covered by either fee waiver pathway. However, families filing pro se (self-represented) can use the fee waiver to eliminate the court's direct costs entirely.

Filing the Waiver

Include your fee waiver motion (GR 34 and/or RCW 11.130.170 declaration) with your initial guardianship petition. The court reviews the waiver request before assessing the filing fee. If granted, your petition is filed at zero cost.

Some county clerks may be unfamiliar with the RCW 11.130.170 asset-based waiver, since it is specific to guardianship proceedings rather than general civil cases. If you encounter resistance, point the clerk to the specific statute and, if necessary, the Jafar v. Webb ruling for the GR 34 component.

Planning Ahead

For families weighing the guardianship decision, the filing fee post covers the baseline costs, and the full guardianship process walkthrough explains each step from petition to appointment. The Washington Adult Guardianship & Alternatives Guide includes the complete pro-se filing kit with fee waiver forms, so cost does not have to be the reason you skip a necessary legal protection.

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