Probate
Suffering the loss of a loved one is difficult. The added stress of disputes over wills and distribution of assets can make the loss overwhelming. We have experience representing clients in probate matters, trust administration, will contests and probate litigation. When a beneficiary, or non-beneficiary, wishes to challenge the validity of a will, the challenge may end up in litigation. We will stick by you and advise you of your rights in such cases.
We have experience representing clients with a variety of probate issues, including probate and living trust administration, missing property, unwarranted creditor claims and will contests. If you are concerned about your position as a personal representative, Executor, Trust Administrator or beneficiary of an estate in probate or trust administration, please contact us anytime to schedule a consultation which is usually at no charge.
Probate Law in Washington State
Probate is the administration of an estate upon death. Specifically, “administration” generally means:
assets are determined
debts are paid
property is distributed pursuant to the Will (if any) or the laws of intestate succession (the statutes governing distribution if there’s no Will).
If there is a Will, the initial appointment should be with the Personal Representative nominated in the Will to administer the estate. If there is no Will or the named Personal Representative is unable or unwilling to serve, the appointment may be with the surviving spouse, or other family member or close friend.
For an initial appointment, it is very helpful if you bring:
a copy of the Death Certificate,
the original Will (if any),
a list of names, addresses, and dates of birth of family members,
a list of the decedent’s assets and liabilities.
Second meeting: During this meeting, you will usually sign a variety of documents to be filed with the Court. My office will usually draft:
a request for you to be able to administer the estate, to serve with non-intervention powers (which means that you will have minimal interference from the court in your duties)
proposed orders requesting the same
a Notice to Creditors
a Notice of Appointment and Pendency of Probate
an Oath (saying essentially that you will be honest and try to do a good job in administering the estate).
Other documents may be needed depending on the contents of the Will, or your individual circumstances if there is no Will.
In order to initiate the probate proceeding, a court appearance will be made by our office. You may choose to go to court, but it is usually not required.
After the court appearance, once you have been officially appointed by the court to administer the estate, we will arrange for a Notice to Creditors to be published in a local newspaper.
Once the Notice to Creditors is published, generally speaking, creditors have four months to file claims. If all other work related to the estate can be completed in this four-month period, the estate can be closed shortly after the period ends. Estates often receive claims related to creditors, and the office will handle all of these claims on the estate’s behalf pursuant to the legal requirements.
As personal representative, you will usually need to: take possession of all assets of the deceased’s estate by consolidating accounts into one estate account with a separate tax identification number, and potentially selling some assets and depositing the proceeds into the estate account. You will also inventory and value those assets; ascertain the estate’s creditors, take steps to settle the deceased’s affairs as quickly as possible without sacrifice to the estate; and keep records and accounts of all transactions affecting the estate. My office will assist you in completing all of these tasks. You will want to retain a CPA to assist you in all tax matters related to the estate.
In addition to working with you on the tasks outlined above, the office will provide notices to the heirs, creditors, Department of Revenue and Department of Social and Health Services pursuant to the legal requirements for each type of notice. We will work together to create an Inventory of the decedent’s assets as of the date of death, and we will provide the requisite analysis as to the classification of assets.
After the four-month period for creditor’s claims has expired, and all claims, taxes and fees are paid, we will work with you to make a final distribution of assets. Then we will draft, file and serve all documents related to closing the estate. You will be discharged as the Personal Representative when the estate is closed.
The process should not be overly stressful or expensive with the help of an experienced probate law attorney. All estates, whether or not the person had a will, usually must go through probate, except in the following cases:
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Probate
