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Tell me what Probate
services your office provides
What is
"Probate"?
Probate is the legal process of transferring the property of a deceased
person to his or her heirs. It is overseen by the Superior Court of Washington State in the county
where the deceased lived.
Don't I want to
avoid Probate?
Washington State's probate
procedures are simple and inexpensive compared to most other states.
Probate allows an orderly process that is an economical and efficient
method for transferring property from a deceased person to the heirs.
How does a
typical Probate work?
Typically the person named as Personal Representative (Executor) in the
Will petitions the Court to appoint a Personal Representative (Executor)
or Administrator to manage the probate process. The Executor is responsible for
identifying all the estate's assets, paying the bills, finding all the
deceased's heirs, notifying all potential creditors of the estate, and
finally distributing the estate's assets to the heirs. At the conclusion
of the Probate, the Court discharges the Executor.
How much will a
Probate cost?
Unlike many states, Washington State attorneys are
not permitted to base their fee on a percentage of the estate's value,
which usually means lower attorney fees. Attorney fees are generally
charged on an hourly basis. The costs of probate vary greatly, depending
on the size and nature of the estate. A Will can help keep the costs of
probate lower. Planning ahead by doing a complete estate plan will lower
probate costs.
How long will a
Probate take?
The time required to complete a probate varies depending on the specific
factors involved. Four months is the minimum time and if an estate is
complicated with federal estate taxes owing, it can take more than a
year.
How do I know
if I need to start a Probate?
When someone dies, the person named as Personal Representative (Executor)
in the Will hires an attorney and starts the probate. If there is no
Will, an heir usually hires the attorney to start the probate. An
experienced probate attorney will help you determine if you need to start
a probate and, if so, will prepare the necessary documents. Even if you
do not start a probate, you must still file the original Will with the
Court for safekeeping.
What is the
difference between an Executor and a Personal Representative?
"Personal Representative" is the term used now instead of the
old terms "Executor" (a man) or "Executrix" (a
woman). Regardless of which term is used, this is the person responsible
for administering the estate during Probate.
I'm named as
the Personal Representative (Executor) in my uncle's Will, and he died
last week. Now what?
First, you need to determine whether or not you need to start a probate.
Contact a probate attorney to advise you. If you need to begin a probate,
your attorney will prepare documents and take them to the Court along
with the original Will. Once the Court has approved your documents and
entered an appropriate Order, you will begin to administer the estate.
Can I start a
Probate if there is no Will?
Yes, an estate can be probated with or without a Will.
What do
"testate" and "intestate" mean?
To die "testate" means that you had a valid Will at the time of
your death. To die "intestate" means you either did not have a
Will at the time of your death, or the Will was not valid.
Can't I use a
Durable Power of Attorney instead of starting a Probate?
No. You cannot use a Power of Attorney after the person dies. All Durable
Powers of Attorney end at the time of the Principal's death. The Principal
is the person who signed the Durable Power of Attorney.
If I have a
Community Property Agreement, will my estate need to go through Probate?
Maybe. If your Community Property Agreement has some special language in
it, and if your spouse survives you, assets could pass to the surviving
spouse without probate. However, you might want to probate your estate
even if you have a Community Property Agreement. After looking at your
Community Property Agreement and analyzing your situation, a probate
attorney will advise you whether probate would be a good idea.
If I have a
Revocable Living Trust, will my estate need to go through Probate?
Sometimes, yes. If you die with some of your assets outside the Revocable
Living Trust, the Personal Representative will need to transfer those
assets to your heirs through probate.
What are
"nonintervention powers"?
"Nonintervention powers" can be granted by the Court to a
Personal Representative or Administrator. This allows the Personal
Representative to administer the estate without having to get each
decision approved by the Court. This usually means lower probate costs.
What is the
difference between a Personal Representative and an Administrator?
A Personal Representative is in charge of administering a probate estate
where there is a valid Will. An Administrator is in charge of administering
a probate estate where there is no valid Will. The responsibilities are
basically the same, but their powers can be slightly different.
What is the
difference between a Personal Representative (Executor) and a Trustee?
A Personal Representative is responsible for administering the probate of
an estate by gathering the assets, paying the bills, and dividing the
assets among the heirs. Sometimes a Will states that certain heirs (such
as children) will receive their inheritance "in Trust." A
Trustee is the person responsible for managing the Trust after the
probate is completed. The Personal Representative of the Estate gives the
assets of the Estate to the Trustee at the conclusion of the probate. The
Trust is independent from the probate and may continue for many years
after the probate is finished. Sometimes, the Personal Representative may
also be named as the Trustee. Other times, the Personal Representative
and the Trustee will be different people.
How do I
collect money owed to me from a Probate estate?
If someone dies owing you money, you must file with the Court and serve
on the Personal Representative a "Creditor's Claim" in a very
short period of time as specified by statute, otherwise, your claim will
not be valid. Unless you are experienced in preparing Creditor's Claims,
ask a probate attorney about how to do this.
How do I object
to what is happening in a Probate?
First, ask the Personal Representative or the Personal Representative's attorney
to help you. If you are not happy with their response, consult another
probate attorney. You may think the probate process is taking too long or
you are worried about how the Personal Representative is managing the
estate. An attorney can help you determine if you have a legitimate
complaint under the law, and can help you determine the best way to
handle the situation. You may need to file documents with the Court and
have a hearing on your complaint. Sometimes, with the help of an
attorney, a settlement can be reached and no hearing is necessary.
How long do I
have to contest a Will?
Generally, you have up to four months from the date a Will is filed with
the Court to file your complaint with the Court and notify the estate.
There are many technical requirements in a Will Counter Lawsuit and you
should retain an attorney to help you well in advance of the four month
deadline.
What are
"nonprobate assets"?
A "nonprobate asset" is an asset that will pass to a person
regardless of probate. Typical nonprobate assets are life insurance,
Joint Tenancy with Right of Survivorship bank accounts, Individual
Retirement Accounts, Keogh Accounts, and Pay-on-death Accounts.
"Nonprobate assets" are assets which are passed to the person
you named as beneficiary when you created the account or bought the life
insurance. Your Will does not control who receives these assets.
Will my estate
be taxed?
If
the value of the assets you own at the date of your death exceeds $1,500,000,
your estate will be subject to federal estate taxes. This $1,500,000
exemption is effective as to deaths occurring on or after January 1, 2004. The exemption increased to $2,000,000
on January 1,
2006.
Does life
insurance count in the value of my estate?
Yes. Life insurance proceeds are a nonprobate asset and are included
along with your probate assets such as a house and bank account in
determining the taxable value of your estate.
Can I
"disclaim" an inheritance?
Yes, you can "disclaim" all or part of an inheritance. If you
disclaim, you give up all your rights to that inheritance and the inheritance
would pass to the next person who would be entitled to it under the Will
or intestacy statute. Disclaiming an inheritance can be complicated, and
it is best to have an attorney explain how the rules apply to your
particular situation.
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