THE PROBATE PROCESS

Probate is the legal transfer of a title from an estate to the beneficiaries in accordance with the terms of a Will, or, if no Will is found, then probate will be administered according to the Washington State intestacy laws which will determine the rules of succession. There should be a personal representative (sometimes called executor or executrix) for the estate who will authenticate the Will and identify the property of the deceased.  The personal representative or the estate attorney will have to present legal documents and appear in court to validate the Will.  In any estate, there will be debts of the estate, such as last expenses, burial and estate administration fees, and taxes owed.  Assets other than property are included in the probate and may be liquidated to settle any debts. After any remaining assets distributed among the surviving beneficiaries according to the terms of the Will, or Washington State Statutes.

If there is real property to be transferred or any debts of the estate then a probate is highly recommended and may be required.  Although probate can be administered without an attorney, there are statutes that need to be followed and the probate administered according to the law.

The cost of probate can vary. For example, if anyone contests the will, or if the beneficiaries of the estate do not agree on how property is to be distributed, litigation may result and the cost to the estate may increase. In addition there are appraisal costs, legal fees and court filing fees. Depending on the complexities of he estate, probate can take six to twelve months, (more if litigation is involved), although Washington state law makes the presumption that probate should be completed within one year. If probate is not completed within one year, the personal representative or their attorney must file a report with the court explaining why there is a delay and how much additional time is needed. 

Probate is not always necessary, but can be beneficial depending on the value of the estate and the debts owed. Your beneficiaries should be made aware of the details of your Will when it is established. Speak with an estate planning attorney to make sure that your Will is up to date and correctly expresses your intentions.