what are the duties of an estate attorney in washington

by Beau Krajcik 5 min read

In general, the attorney is responsible for making sure that the executor follows the probate code and administers the estate in such a way that he or she will not incur any personal liability. It is possible for a person who is familiar with probate to handle an estate without representation by an attorney.

Providing Counsel During Probate and Estate Settlement
  • Determining and initiating procedures with the superior court in the proper county.
  • Meeting statutory deadlines.
  • Notifying creditors, beneficiaries and heirs.
  • Filing requisite federal and state tax returns.
  • Satisfying creditors' claims.
  • Distributing property.

Full Answer

What does an estate lawyer do?

Oct 14, 2020 · The administrator or personal representative will have various duties with regard to handling and settling the deceased person’s estate. The personal representative will typically be working with a lawyer to perform their duties. These duties may include: Notifying heirs and other people who may be receiving property from the estate;

What is the role of an executor's attorney?

An estate lawyer is a bar certified attorney who specializes in estate planning and assists clients in drafting and implementing legal documents, including wills and trusts. Estate law is closely related to family law, since lawyers often must work with related individuals who are involved with an estate. If you enter this legal specialty, you'll arrange and organize the transfer of assets …

What is a trustee in Washington State estate planning?

Dec 03, 2021 · The duties of an executor. On Behalf of Probate Attorneys of Washington | Dec 3, 2021 | Estate Administration & Probate |. If you have been named the executor of someone’s will in Washington, you can benefit from learning more about the duties of an executor. This person has the legal responsibility of sorting out any outstanding financial obligations and ensuring …

What skills do you need to become an estate lawyer?

General powers and duties. It shall be the duty of every personal representative to settle the estate, including the administration of any nonprobate assets within control of the personal representative under RCW 11.18.200, in his or her hands as rapidly and as quickly as possible, without sacrifice to the probate or nonprobate estate. The personal representative shall collect …

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How long does an executor have to settle an estate in Washington State?

Probate in Washington typically takes six months to a year, depending on some choices the executor makes (discussed below). It can take much longer if there is a court fight over the will (which is rare) or unusual assets or debts that complicate matters.

What does an executor of an estate Get Paid in Washington State?

Payment of executors It is legal for an estate executor to charge a fee for their services, given the extent of responsibility the executor accepts. The state typically sets the fee, but roughly three percent of the value of the estate is standard.

Does an estate have to go through probate in Washington state?

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).

How long do creditors have to collect a debt from an estate in WA?

Washington has a two-year statute of limitations for claims against deceased persons. Therefore, you could wait for two years after the date of death. After that, creditors can no longer bring a claim against the estate.

Does an executor have to show accounting to beneficiaries?

To summarize, the executor does not automatically have to disclose accounting to beneficiaries. However, if the beneficiaries request this information from the executor, it is the executor's responsibility to provide it. In most cases, the executor will provide informal accounting to the beneficiaries.Dec 24, 2021

What is the executor of a will entitled to?

The executor is tasked with finalising all administrative matters, to include collecting in and valuing assets, accounting for tax, preparing estate accounts and distributing the estate to the named beneficiaries.

How much does an estate have to be worth to go to probate in Washington state?

If the decedent died in with any of the following you may need to file a probate proceeding: Any real property titled in his or her own name, or. Personal property (usually a cash or securities account) titled in his or her own name only whose value exceeds $100,000.Apr 2, 2021

How much does a probate lawyer cost in Washington state?

Hourly Fees In Washington, probate attorney fees usually range between $150 to $300 per hour. If you have a straightforward probate, then you can expect to pay around $2500 for the entire process, which is usually over within 8 months to a year. However, there may be additional fees that need to be paid.

How do I settle an estate in Washington State?

Settling an Estate in WashingtonFiling the will with the clerk of the superior court within 40 days of death, if there is a will;Assembling and identifying all of the deceased person's assets and property;Giving notice of the person's death to all known creditors, beneficiaries and heirs;More items...

Can an executor be a Washington State?

Most people have heard of the term "executor." This is the person who is responsible for administering an estate. Washington State doesn't use this term anymore. Instead it uses the term "personal representative" to refer to a person appointed by the court to manage and administer an estate.

What is a tedra action?

TEDRA provides procedures for dispute resolution. Since the Trust and Estate Dispute Resolution Act (TEDRA) came into effect, estate practitioners have had a specific framework for dealing with conflicts concerning wills, intestate estates and trusts in Washington.

Can a claim be made against an estate after probate?

Making a claim against an estate. After the death of a person, their Will can be contested by relatives, dependents and others. A claim can be made for 'reasonable financial provision' in the Court. Similarly, if a person died without a will, the claim can be made under intestacy rules.