Probate in Washington is entirely discretionary, and probably only a few percent of deaths in Washington result in a probate being filed. In Washington, if a probate is filed, it is because someone wants it to be filed, NOT because the law requires it. This page describes what some of those reasons might be.
Full Answer
Is probate required by Washington law?
Yes. The settling of an estate by probate must be done according to state law in Washington. This applies whether the person died with a will, or under default state intestate rules when there is no existing will. The majority of estates are settled under the terms of a written will.
Do you have to file a will in Washington State?
Probate is not mandatory in Washington State, but in the majority of cases it is beneficial to file for probate, even if you do not need to. This is because complex estate issues arise frequently, and most people are not equipped to handle them without the assistance that probate provides.
How does the Washington state probate process work?
Jul 20, 2015 · In Washington State, probate is not required by law, but it can be a very beneficial estate administration tool to clear title to your property and carry out your wishes for its distribution. If you have heard of probate, what you may have heard was not positive.
Is probate in Washington easier than other states?
Washington state allows for two simplified probate procedures. One is an affidavit that does not involve the probate court at all. The other is a “settlement without court intervention” which, despite its name, does involve the probate court but not nearly as much as a full probate.
Do you need a lawyer for probate in Washington?
Washington State law DOES NOT REQUIRE Probate. Probate is discretionary. Practically speaking only a small percent of deaths in Washington result in a Probate being filed.
Who determines if probate is required?
Whose responsibility is it to get probate? If the person who died left a valid will, this will name one or more executors, and it is their responsibility to apply for probate. If there isn't a will, then inheritance rules called the rules of intestacy will determine whose responsibility it is to get probate.
Is probate required in WA state?
In Washington, the probate laws do not always require a probate proceeding to be filed following death, regardless of whether the decedent died with or without a valid will. It's basically a discretionary proceeding, typically because someone wants it to be filed, not because the law requires it.Apr 2, 2021
In what circumstances is probate not required?
The most common and straightforward situation where a grant of probate will not be needed is where the deceased owned assets in joint names. This may be property, bank accounts, or life policies, that continue in the name of the survivor.Jun 24, 2021
Do you need probate if you have power of attorney?
The person who had power of attorney may well be the executor or administrator of the estate. ... So the fact that you had power of attorney has no influence over whether or not probate is needed.
Is probate necessary for a registered will?
Does a Registered Will need Probate? ... It is not always necessary to get a probate order for a will. If there is no dispute between the legal heirs as to the contents of a will they may choose to forgo a probate. It is therefore not necessary for a registered will to have a probate, though one may be applied for.
Does every estate have to go through probate?
Does everyone need to use probate? No. Many estates don't need to go through this process. If there's only jointly-owned property and money which passes to a spouse or civil partner when someone dies, probate will not normally be needed.Jan 26, 2022
How do you avoid probate in Washington state?
In Washington, you can make a living trust to avoid probate for virtually any asset you own -- real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
How long do you have to file probate after death in Washington state?
40 daysSimpler estates can be closed within a matter or weeks or months, while the probate for complicated estates can drag out over a year or more. However, Washington state law does state that if there is a will, it must be filed with the Clerk's Office of the Superior court within 40 days of the person's death.
Can a bank release funds without probate?
Money in bank accounts If money is held in the deceased person's name only, then family members usually cannot get access until probate is granted to the personal representative. But if the amount in an account is small, the bank may release it to the personal representative or the next of kin.Jan 17, 2022
Can one executor act without the other?
It isn't legally possible for one of the co-executors to act without the knowledge or approval of the others. Co-executors will need to work together to deal with the estate of the person who has died. If one of the executors wishes to act alone, they must first get the consent of the other executors.Jun 29, 2021
How do you avoid probate?
How can you avoid probate?Have a small estate. Most states set an exemption level for probate, offering at least an expedited process for what is deemed a small estate. ... Give away your assets while you're alive. ... Establish a living trust. ... Make accounts payable on death. ... Own property jointly.
What happens to an estate when you die without a will?
However, if a person dies without a written will, the state law of Washington directs us how to distribute and settle the estate according to both inheritance laws and probate laws.
How long does it take to file a will in Washington state?
However, Washington state law does state that if there is a will, it must be filed with the Clerk’s Office of the Superior court within 40 days of the person’s death. Choosing the correct court is also important, as it must be the Superior Court of the county in which the person resided at the time of death.
Is probate formal or informal?
Probate can be formal or informal in Washington. The more lengthy, complicated and costly formal process will be required if any disputes arise among the estate’s beneficiaries, heirs, creditors, or other people with interests in the estate.
What is the Revised Code of Washington?
The Revised Code of Washington is your best primary source for researching probate laws, deadlines and procedures. It will also help you understand your rights and responsibilities, whether as a surviving family member or if you find yourself acting as personal representative of an estate.
What happens if there is no will?
if there is no will, the surviving spouse or domestic partner makes the request, the estate consists entirely of community property, and the deceased person left no children or grandchildren from another relationship , or.
How long does it take to get a probate in Washington?
Probate in Washington typically takes six months ...
When are taxes due for a deceased person?
These returns are generally due by April 15 of the year following the year of death. Income tax returns may also be required for the estate itself.
Is life insurance a probate asset?
Life insurance proceeds that are payable to the estate (not a named beneficiary) are also probate assets. If the deceased person owned real estate in another state, the personal representative may need to conduct a second probate proceeding, in that state. That's called an ancillary probate.
What is the job of a personal representative?
In broad overview, the personal representative's job is to: collect and inventory the deceased person's assets, and keep them safe. pay valid debts and taxes, and. distribute the remaining property as the will (or if there's no will, state law) directs.
How long does an executor have to publish a probate notice?
In Washington, executors can choose whether or not to publish (in a local newspaper) formal notice of the probate court proceeding. If the executor does publish the notice, and also sends it to all known creditors, creditors will have just four months in which to make claims against the estate. If they don't, their claims will be barred. Otherwise, creditors have two years from the date of death in which to bring claims. An executor who is concerned about claims coming in later usually chooses to publish notice. ( Wash. Rev. Code Ann. § 11.40.020 and Wash. Rev. Code Ann. § 11.40.051 ).
Can a personal representative distribute estate assets to an inheritor?
The personal representative can distribute estate assets to inheritors only after debts and taxes are paid . The personal representative follows the instructions in the will, or if there is no will, turns to state " intestate succession " law to determine who inherits.
How does probate work?
Probate is the legal process through which assets pass from the deceased person (decedent) to their beneficiaries after death. Probate allows the personal representative of the decedent, often a spouse or other close family member, to: 1 Collect and gather assets 2 Pay debts and taxes 3 Transfer assets to beneficiaries
What is probate in a will?
Probate allows the personal representative of the decedent, often a spouse or other close family member, to: Collect and gather assets. Pay debts and taxes. Transfer assets to beneficiaries. Probate often prevents problems that lead to contesting of a will, because it allows court supervision of the estate distribution process and ensures ...
Can a loved one turn your life upside down?
Death of a loved one can often turn our entire life upside down. It’s not only a stressful and sad time but usually also a period of confusion from a legal point of view. To make the process of settling the estate left after the deceased person a bit easier, and safer, many states go through probate.
Do you have to file probate if you don't leave a will?
According to the states’ law, probate is not required. Even when the deceased person didn’t leave his or her will, it’s not an obligation to apply for probate. The necessity of it is usually determined by certain factors such as value and type of assets, and what their title is.
What is probate in Washington State?
In Washington State, probate is a well-defined and orderly process prescribed by law.
Is probate expensive in Washington?
It is true that, in some states, probate can be an onerous and expensive process. Fortunately, Washington is not one of those states. Probate in our state is much easier than it is in other states, and often the appropriate process for administering your estate.
Can you avoid probate?
In some instances, avoiding probate may not be the right plan for your estate. Yet, some firms and businesses market “probate-avoidance” devices like revocable living trusts. These are difficult to maintain and even if you have one of these trusts, you will not always be able to avoid probate of your estate.
Why do you have to go to probate court?
There really are only five reasons why you'd have to go to probate court to either make your claim on the deceased's assets or to prove that you are a legal beneficiary. If any one of the following applies to you or to the deceased, then you might want to consult a probate attorney. 1. Probate court is necessary if the will is deemed invalid ...
What happens if you don't have a will?
2. Probate is required if the deceased didn't have a Last Will and Testament. If there is no will, then there has to be a legal and equitable probate court process for distributing the deceased assets and for transferring the title of probate property. The only way to do this is with probate. 3.
When is probate required?
Probate is required if the assets were owned as a Tenant in Common or Joint Tenancy. What this means if the deceased owned property jointly with another person, such as in the case of a common law marriage, then probate is required to ensure that the deceased's share of the property is properly distributed to legal heirs.
What happens if no one is named in a will?
If no one named in the will can serve as personal representative, then the beneficiaries of the will must appoint a personal representative. The beneficiaries must either agree unanimously or reach a majority vote. If not, the probate court decides. Similarly, if there is no will, the heirs at law must decide and agree on who will administer ...
How often do you have to give notice of probate in Wash?
After being appointed personal representative, the personal representative must give notice of the probate by publishing in a newspaper once each week for three successive weeks. Wash. Rev. Code Ann. § § 11.40.020.
Does Washington state have a probate court?
Washington state allows for two simplified probate procedures. One is an affidavit that does not involve the probate court at all. The other is a “settlement without court intervention” which, despite its name, does involve the probate court but not nearly as much as a full probate.
What is a letter of administration in probate?
To demonstrate that someone is in charge of the probate estate, the court issues Letters Testamentary (if there is a will) or Letters of Administration (if there is no will) to the personal representative. The personal representative shows the Letters as proof of their power to act on behalf of the probate estate.
What is the first step in probate?
The first step is generally to give notice to all the beneficiaries or heirs. If you are the one who either intends to manage the probate estate or you are named in the will to manage the probate estate (and you accept the position), it is your job to give notice and gather the signatures.
What happens if there is no will?
if there is no will, the surviving spouse petitions the court, the estate consists of community property (not individual property), and the deceased left no children or grandchildren from another relationship, or.
Who are the heirs at law?
The “heirs at law” are usually the surviving spouse, or if there is no surviving spouse, then the children of the deceased, with certain exceptions for blended families. The heirs at law must either agree unanimously or reach a majority vote.
What happens when a person dies without a will?
When a person dies without a will, Washington’s intestacy statute governs who will receive the decedent’s property. The persons who are entitled to receive the decedent’s property under the intestacy statute are the decedent’s heirs.
How long does probate take?
The probate process can take as short as five months but often takes longer. A key time component is the four-month creditor claim period that begins once the personal representative is appointed.
Where do you store a will?
Individuals commonly store their wills in safe deposit boxes, file cabinets and home safes. The attorney that drafted the will for the decedent may also have retained an original copy if you are able to get in contact. It is important to obtain the original will and not a photocopy.
How to contact Probate Attorneys of Washington?
To learn more about how Probate Attorneys of Washington can help guide you through the probate process, call us at 360-362-0857 or fill out our online contact form. We can set up an initial consultation at a time and place of your choosing to review the estate and go over the tasks ahead of you.
Is Probate Required by Washington Law?
- Probate: Washington law does NOT require a probate proceeding to be filed following death, regardless of whether the Decedent died with or without a Will (ie, testate or intestate, respectively). P...
- Will: Washington law, however, does require any last Will of a Washington resident Decedent to be filed promptly following death. See: B.2immediately below.
Introduction
- Someone (the “Decedent”) has died and you believe something legal needs to be done as a result of the Decedent’s death. Here’s a summary of what may or does need to be done and why: 1. Deal with Any Emergency Situation Requiring Official Authority Before a Personal Representative Can Be Appointed (Unusual & Arcane but there if needed) See: Appointing a Special Administrator. W…
Circumstances Necessitating A Probate Proceeding in Washington
- Accessing Decedent’s Safe Deposit Box This is the classic “Catch 22” situation:
- Distributing and Changing Title to Decedent’s Probate Assets If Decedent at death had no probate assets: A probate is unnecessary so far. Go to 3 below.Legally, you will need a probate (either an a...
- Paying Decedent’s Debts Legally, there is no need for a probate to pay any of Decedent’s debt…
- Accessing Decedent’s Safe Deposit Box This is the classic “Catch 22” situation:
- Distributing and Changing Title to Decedent’s Probate Assets If Decedent at death had no probate assets: A probate is unnecessary so far. Go to 3 below.Legally, you will need a probate (either an a...
- Paying Decedent’s Debts Legally, there is no need for a probate to pay any of Decedent’s debts — the creditors don’t care who pays them; they just want to be paid. Practically speaking, however,...
- Prosecuting or Defending a Lawsuit in Decedent’s Name RCW 4.20.046 provides for the survival of lawsuits upon the death of a party, and that the only person who can maintain a deceased party’s inte...
Circumstances Necessitating A Probate Elsewhere
- A Lawsuit or Property Outside of WashingtonCaution: The foregoing discussion concerned any need for a Washington probate. If Decedent at death:
Possibilities For Avoiding A Probate
- To repeat: 1. No probate is required and, therefore, no Letters are required to distribute or change title to nonprobate assets. Before putting effort into obtaining Letters in order to distribute or re-title property, make sure that the property is a probate asset. See: Determining Decedent’s Probate Assets. To change title to nonprobate assets, see: WASHINGTON NONPROBATE. 2. Distributing …
A Probate May Be Advantageous Or Necessary
- With Nonintervention PowersWhat now remains is a Traditional Probate, whose reputation for expense and delay should largely be overcome in Washington so long as you can obtain Nonintervention Power...
- Without Nonintervention PowersIf for some reason you are unable to qualify for Nonintervention Powers (usually because the estate is insolvent), you should be able to ope…
- With Nonintervention PowersWhat now remains is a Traditional Probate, whose reputation for expense and delay should largely be overcome in Washington so long as you can obtain Nonintervention Power...
- Without Nonintervention PowersIf for some reason you are unable to qualify for Nonintervention Powers (usually because the estate is insolvent), you should be able to open Decedent’s probate estate...
Determining
- The Simple Version See:Washington Probate Instructions & Probate Forms “for Dummies”® — to determine if that will fit your needs. If not, then proceed with the more detailed version of the instruct...
- Outline of the More Detailed Version
Will Probate Be Necessary?
- Probate court proceedings aren't always necessary. Usually, they are required only if the deceased person owned assets in his or her name alone. Other assets can probably be transferred to their new owners without probate. Examples of common assets that do notneed to go through probate include: 1. assets the deceased person owned in joint tenancywith others, w…
Small Estates: Claiming Assets with An Affidavit
- If the total value of the probate estate (the assets that can't be transferred to inheritors in another way) is small enough, probate won't be necessary. Currently, Washington allows estates worth up to $100,000 to avoid probate. Inheritors can claim the assets with a simple sworn statement (affidavit). For more on this, see Probate Shortcuts in Washington.
Who Serves as Executor Or Administrator
- If probate is necessary, the person named in the will to serve as executor goes to the superior court in the county where the deceased person lived and starts the process. The prospective executor files the will, if any, with a document called a Petition for Probate, which contains a request to be formally appointed as executor. The current filing fee for filing both together is $2…
Requesting Settlement Without Court Intervention
- In certain circumstances, the personal representative can request permission from the probate court to use a simplified probate process. This lets the personal representative administer and close the estate without any court supervision. The personal representative can sell, lease, borrow against, or distribute estate property without the court's approval, and without giving notice to be…
Handling Estate Assets
- In broad overview, the personal representative's jobis to: 1. collect and inventory the deceased person's assets, and keep them safe 2. pay valid debts and taxes, and 3. distribute the remaining property as the will (or if there's no will, state law) directs. The personal representative should keep careful records (for example, receipts, bills and bank statements) of how estate assets are …
Dealing with Debts and Taxes
- In Washington, executors can choose whether or not to publish (in a local newspaper) formal notice of the probate court proceeding. If the executor does publish the notice, and also sends it to all known creditors, creditors will have just four months in which to make claims against the estate. If they don't, their claims will be barred. Otherwise, creditors have two years from the dat…
Distributing Property and Closing The Estate
- The personal representative can distribute estate assets to inheritors only after debts and taxes are paid. The personal representative follows the instructions in the will, or if there is no will, turns to state "intestate succession" law to determine who inherits. A personal representative who has paid all debts, filed the required tax returns, and distributed all the estate assets formally request…
Reasons For Probate
- If the decedent died in with any of the following you may need to file a probate proceeding: 1. Any real property titled in his or her own name, or 2. Personal property (usually a cash or securities account) titled in his or her own name only whose value exceeds $100,000.
Probate Process
- If the case is going through a formal probate process, the court will appoint someone to handle the administration of estate, i.e. a Personal Representative. Many times the decedent will already have named the personal representative in his or her will. If not, the court or clerk of the court will appoint someone. He or she must: 1) Assemble all the decedents assets; 2) Pay the bills (Funer…
File The Will
- Washington state law does require a resident's valid will to be filed promptly following death. This must happen regardless of whether or not the decedent's estate will be probated. The will should be filed with the Clerk's Office of the Superior Courtin the decedent's resident county at death, generally within 40 days of decedent's death.
Other Types of Estate Administration
- The process of administering the estate will vary depending on whether or not the decedent had a valid will and the type of probate administration the decedents estate will have to go through. In Washington, if a decedents estate is small enough, the law allows you to skip probate altogether and use a simplified process. Otherwise, you'll need to go through a formal probate process in c…
Will Or No Will
The first thing you should know about the probate is how to proceed depending on the existence of a will. The whole process is different whether there’s a will left or not, and here’s what you should do in these two situations. If there’s a will, the person responsible for filing probate is the executor. It is the executor or the attor…
It’S Not Required in Washington State
- According to the states’ law, probate is not required. Even when the deceased person didn’t leave his or her will, it’s not an obligation to apply for probate. The necessity of it is usually determined by certain factors such as value and type of assets, and what their title is. Assets that have their beneficiary assigned, like life insurance or retirement plans, don’t need to go through probate. Al…
The Role of Court
- All probate proceedings are under jurisdiction and supervision of the superior courts of Washington. However, if the deceased person had an owned estate in another state, it is that’s states’ court that is likely to have jurisdiction over the property. In Washington, an administrator or a representative of the estate usually handles most of the work for probate. Things like paying bi…
Time Required
- It’s never easy to predict how much time the whole probate process may require. Each situation is unique. Therefore it’s usually impossible to estimate the time needed to complete settling the assets. It all depends on many factors. The most common ones are: the existence or non-existence of a will, and the properties’ size and value. The representatives can make partial distri…
Fees and Other Expenses
- Probate costs can be different. It all depends on the complexity of an estate administration, types of assets, creditors’ claims, and the need to file tax returns. Expenses can vary from a few hundred to even several thousand dollars. It’s also important to remember that both the personal representative and its lawyer require compensation for their work. In many cases their fee may r…
Summary
- This article doesn’t offer any legal advice, and all the information can be easily found on the internet. To get a piece of advice about the probate process in Washington State, you should contact a lawyer who will help you in deciding whether the probate is required and how you should proceed with it.
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