why would the washington state attorney say we had to go to probate

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. By far, the most common reason for probate is that the Decedent died holding:

Full Answer

Can I probate an estate without an attorney in Washington State?

In effect, your grant of Nonintervention Powers by the Court and your ability to probate Decedent’s estate using Nonintervention Powers are what should allow you to “do it yourself” without necessarily engaging an attorney. See: Washington Probate Instructions & Probate Forms “for Dummies”® — to determine if that will fit your needs.

What happens to community property in Washington when someone dies without probate?

Under Washington law, community property left through a community property agreement can be transferred to the survivor without probate. In Washington, you can add a "payable-on-death" (POD) designation to bank accounts such as savings accounts or certificates of deposit.

Who is responsible for probate if there is no will?

If you’re named as the executor (male) or executrix (female) in the will, you should file probate. If there is no will, a family member should file. This person may or may not be later appointed as the person responsible for handling the estate.

What triggers probate in Washington state?

Probate may be necessary when a person dies leaving property in his or her own name (such as a house titled only in the name of the decedent) or having rights to receive property. Also if the estate is worth over $100,000. Yes, Washington has an estate tax.

Is probate mandatory in Washington state?

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 decides if probate is needed?

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.

What is subject to probate in Washington?

Probate assets can include vehicles, real estate, bank and brokerage accounts, and personal belongings (for example, jewelry, home furnishings, artwork, and collections). Life insurance proceeds that are payable to the estate (not a named beneficiary) are also probate assets.

Why is probate needed?

Probate or letters of administration will be needed so the personal representative can pass it whoever will inherit the share of the property, according to the will or the rules of intestacy. The property might have a mortgage.

Is probate necessary if there is a will?

Do you need to go through Probate if there Is A Will? According to the laws of the country, it is not necessary to go through probate if there is no dispute regarding will. However, going through a probate is preferable as it gives court certification to the validity of the will in question.

Do I need probate if I have power of attorney?

The fact that you had power of attorney during someone's lifetime doesn't have any bearing on whether or not probate is needed after they die. Whether probate is needed will depend on what the person owned when they died owned.

Can property be transferred without probate?

Typically, you need the property ownership document and the Will, or the Will with probate or succession certificate. In the absence of a Will, you may also need to prepare an affidavit along with a no-objection certificate from other legal heirs or their successors.

Can you access a deceased person's bank account?

Once a Grant of Probate has been awarded, the executor or administrator will be able to take this document to any banks where the person who has died held an account. They will then be given permission to withdraw any money from the accounts and distribute it as per instructions in the Will.

What questions are asked at a probate hearing?

The judge might ask the following questions at a probate hearing:Who are the beneficiaries of the estate?At this time are you currently aware of the estate assets and approximate values?Have the beneficiaries been served with the petition for probate administration or have they consented to probate administration?More items...•

What does going to probate mean?

Probate is the entire process of administering a dead person's estate. This involves organising their money, assets and possessions and distributing them as inheritance – after paying any taxes and debts. If the deceased has left a Will, it will name someone that they've chosen to administer their estate.

What is probate fee in Washington state?

Superior Court filing fee: $200. Publication of Probate Notice to Creditors: $100 (approximate – see State-wide examples).

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 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.

What is the Washington state court system?

The Washington state court system has resources available for people who may be involved in the probate of an estate, whether as a family member, surviving spouse, creditor or beneficiary. There are also resources for “self help,” if you wish to handle probate without consulting an attorney.

What is the purpose of paying all outstanding bills?

Paying all outstanding bills, including funeral bills, burial costs, and costs incurred from the estate administration; Paying all outstanding debts to creditors, including taxes owed by the estate; and finally, Transferring assets, property and money to any heirs and beneficiaries.

What happens when a loved one dies?

When your loved one dies, it can be a sad and difficult time. Often, it is also stressful, complicated and confusing, as you find yourself thrown into the process of settling the estate. This process is called probate, and it’s something most people don’t think about until they’re faced with the death of a loved one.

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.

Can you skip probate if you have $100,000?

First, state law allows heirs of the estate to skip the probate process entirely when the estate qualifies as a “small” or simple estate. If the total value of the estate’s assets is $100,000 or less, then you may skip formal probate and settle the estate under a more simplified process, without court supervision.

What is probate in Washington State?

Probate in Washington State is a court supervised procedure by which the ownership of property of a deceased person (the decedent) is determined. Probate takes place in in Superior Courts of each county across Washington State. The purpose of probate proceedings is to permit the decedent’s Personal Representative to take possession, protect and preserve the decedent’s property; pay all debts, claims and taxes necessary to settle the decedent’s affairs; and to distribute the decedent’s property to the rightfully entitled recipients. Typically a decedent has named who their personal representative will be in their Will and that person, usually with the assistance of an attorney, can open a probate case and become officially named as the personal representative. Below is a list of 10 things everybody should know about probate in Washington state.

How long does it take to get a small estate affidavit in Washington?

If you still need to transfer assets, Washington state allows the personal representative to complete a Small Estate Affidavit after 40 days have passed since the date of the decedents death. Personal representatives can mail or deliver the affidavit to the holder of the property.

How long does it take to file a will in Washington?

Its also a good idea to file an original Will with the Superior Court after 30 days after receiving notice of the death, even if there is no probate case. (2) The Washington State Department of Licensing has its own form for the transfer of vehicles when no probate has started.

Can a person be named as a personal representative in a will?

Typically a decedent has named who their personal representative will be in their Will and that person, usually with the assistance of an attorney, can open a probate case and become officially named as the personal representative. Below is a list of 10 things everybody should know about probate in Washington state.

Can a deed be revoked in Washington?

A new law in Washington created in 2014 now allows for this type of deed to be recorded. This deed can be filed anytime and can be revoked anytime prior to death. This would allow for the immediate liquidation or transfer of the home, without having to go through probate.

Which Assets Go Through Probate?

All property, whether real estate or personal belongings mentioned in a Will go through probate. If an asset transfers directly to the beneficiary upon the decedent’s death, it is considered a “non-probate asset.” Non-probate assets include:

Who is Responsible to Transfer the Property?

The probate court will appoint a Personal Representative to administer the decedent’s estate and ensure the estate assets are distributed or transferred to the appropriate beneficiaries and heirs. To appoint the Personal Representative, the judge will determine if the decedent had a valid Will.

What are the Duties of a Personal Representative?

The Personal Representative settles the estate, including the administration of any non-probate assets within their control as quickly as possible, without sacrificing the estate. The Personal Representative also collects all debts owed to the decedent and pays all debts owed by the decedent according to law.

Do Small Estates Have to Go Through the Probate Process?

If an estate has personal property valued at less than $100,000 it does not have to go through the formal Probate court procedure. Instead, a person claiming to be an heir or beneficiary of the decedent can prepare a Small Estate Affidavit to claim personal property from the estate.

What To Do Next

If you have recently lost a loved one and don’t know what to do, you need an experienced probate attorney to guide you through this difficult time. Attorney Gregory L. Davies has decades of experience as a well-respected probate attorney who understands your grief and can walk you through the probate process.

What happens if there is no will in Washington?

If there is no will, you need to give notice to heirs, manage creditors, handle taxes, and close the estate properly. But what remains after taxes and debts are paid would be distributed to the deceased’s next of kin, based on Washington’s state law of intestate succession.

How to contact probate after death?

If you have questions or concerns, consult with one of our experienced legal professionals who can discuss with you your situation. You can call us at 206-429-6931 or use our online form to contact us.

How complex is probate?

An estate can have added complexity when: the value of assets is high, when the number and amount of debts carried by the estate are high, when many heirs are involved, or when some heirs look for a reason to invalidate a will. Probate can be overwhelming, especially as you are grieving the loss ...

How long does it take to file probate in Washington?

When to file probate is set by Washington State statute. It needs to be filed within 40 days of the person’s death, so don’t waste time. If you believe your loved one has drafted a will, find it and file it with the court.

How long does probate take?

Probate can take six months to a year, depending on several issues. It may take much longer if there’s a dispute over the will or the estate has unusual assets or debts. If the estate and its finances are relatively straightforward, probate mainly involves filing paperwork.

What happens if a personal representative mishandles an estate?

A personal representative faces possible personal liability if he or she mishandles the estate. If there are complex issues involving the estate and the court oversees the process and provides guidance, it may help you avoid liability for your actions. Another option is to seek help from a skilled probate attorney.

What does a personal representative do?

The personal representative needs to organize and bring together the decedent’s assets, remove his or her name from property titles, sell assets, pay creditors and pay taxes. If a house is involved, depending on the market and asking price, selling it may take some time.

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.

What happens if all the beneficiaries of a trust pass away?

But if all the named beneficiaries have passed away or if the deceased didn't name beneficiaries, then probate is required to transfer the money or title to the beneficiaries.

Why is probate court necessary?

Probate court is necessary if the will is deemed invalid for one of these reasons: Improper Execution – it wasn't written clearly or it was not a legal will. Mental Incompetence – the deceased was not mentally competent when he or she made up the will so their decisions are questioned.

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.

Can you probate a deceased person's assets?

Assets eligible for probate varies from state to state, country to country . You have to check for specific probate laws or with a probate lawyer in your region to determine if the deceased's assets were significant enough to warrant a probate .

What is probate in Washington State?

In Washington State, probate is a well-defined and orderly process prescribed by law.

How long does probate last in Washington?

A typical probate in Washington should last six to nine months. Elder Law Group can assist you in planning, or your Personal Representative in executing, an efficient and effective probate based on the needs of and your plan for your estate.

What is the name of the person appointed to settle an estate?

When you have a valid Will, it is admitted to probate by the court and a Personal Representative (also known as Executor or Executrix) is appointed to settle the estate and distribute the assets as stated in your Will.

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.

Who is responsible for managing the assets in a trust?

Your Trustee will be responsible for managing the assets that you place in your trust and working with the trust’s... Read More.

Is probate required in Washington State?

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. There are many misconceptions about the process.

What is probate in Washington?

Probate is the legal process by which a court oversees how the assets of an estate are divided up. The probate process may occur, regardless of whether the deceased has a will. How to avoid probate in Washington depends on your goals and the complexity of the estate. You may want your family members to avoid going through the process because, ...

What is probate process?

Typically, the probate process includes both preparing the necessary paperwork, as well as having appearances by lawyers. Because their fees, as well as the court costs, are typically paid by the estate, it can impact the amount which might otherwise go to those who will receive an inheritance. If you’re the one doing the estate planning, avoiding ...

What is transfer on death?

Transfer-on-Death Registration for Securities. By state law you can register stocks and bonds in a transfer-on-death (TOD) form, which is very common. Under this arrangement, the named beneficiary inherits it at your death.

What happens to a joint tenant when one spouse dies?

If you’re married, you can create and sign a community property agreement. Under it, when one spouse dies, his or her property becomes community property and passes to the survivor.

Can a revocable living trust be public record?

If you’re concerned about privacy, a revocable living trust arrangement (which spells out your assets and beneficiaries) need never enter the public eye, though the will you create would be part of probate and become a public record.

Can you transfer a deed to another person after you pass away?

There are no probate court proceedings required, and your beneficiary will need to work with your broker to transfer the account. Transfer-on-Death Deeds for Real Estate. Ownership of your real estate can transfer to another after you pass away with a transfer-on-death deed, also known as a beneficiary deed.

Do you need a will to set up a revocable trust?

If you set up a revocable living trust you also need to have a will executed. It would state that your probate assets (assets not transferred into the trust) should be “poured over” into the trust. A revocable living trust can prevent the expense of probate.

What happens to a TOD account when you die?

If you register an account in TOD (also called beneficiary) form, the beneficiary you name will inherit the account automatically at your death. No probate court proceedings will be necessary; the beneficiary will deal directly with the brokerage company to transfer the account.

What is the name of the document that you must create to take over your property after you die?

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). Then -- and this is crucial -- you must transfer ownership of your property to yourself as the trustee of the trust.

Can you have joint tenancy in Washington?

In Washington, you and co-owners can hold assets in joint tenancy. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies. No probate is necessary. Joint tenancy often works well when couples (married or not) acquire real estate, vehicles, bank accounts, or other valuable property together.

Does a surviving owner have to be probated to transfer property?

If you own property jointly with someone else, and this ownership includes the "right of survivorship," then the surviving owner automatically owns the property when the other owner dies. No probate will be necessary to transfer the property, although of course it will take some paperwork to show that title to the property is held solely by the surviving owner.

Can a spouse's property be transferred to a spouse in Washington?

Many married couples in Washington create and sign community property agreements. This agreement, between spouses, typically provides that when one spouse dies, his or her property is immediately converted to community property and passes to the surviving spouse. Under Washington law, community property left through a community property agreement can be transferred to the survivor without probate.

Is Probate Required by Washington Law?

Circumstances Necessitating A Probate Proceeding in Washington

Circumstances Necessitating A Probate Elsewhere

Possibilities For Avoiding A Probate

A Probate May Be Advantageous Or Necessary

Determining