4 05, 2016

What are the disadvantages of probate?

There are several reasons why some individuals prefer to avoid the probate process.  To many individuals, probate is a slow, tedious process that generally takes a very long time to complete, depending on the state.  Probate can also be a very costly process.   Additionally, because probate is handled in court, and court matters are public […]

05, 2016

What is the cost of probate?

Unlike other states such as California, Washington state law does not provide for the amount of commission or fees to be based on the value of the estate. While the cost of probate in Washington can vary depending on the size and nature of the estate, we have provided information below regarding fixed costs that […]

05, 2016

Are all assets subject to the probate process?

In Washington, probate may be necessary when: 1.      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, without a designated beneficiary 2.       The estate is worth over $100,000. Essentially, the only assets that are subject […]

15 04, 2016

What is being proved by the process of probate?

The probate process is the process where your beneficiaries and executor have to prove that your will is valid.  During the probate process, a court considers the many legal aspects of the will, including if it was legally created.   Specifically, what is being proved is that: The Will Was signed by its maker (its […]

04, 2016

Why does the will need to be proven?

Probate laws are designed to protect the rights of heirs and creditors and to assure the orderly collection, preservation, and transfer of property.  In order to ensure that the Decedent’s bills are paid and Decedent’s property is accounted for, transferred to, and retitled in the names of Decedent’s Beneficiaries, it is important to prove your […]

04, 2016

What are “Letters” and how does one get them?

A letter of probate is a legal document that gives the executor the right to control the assets of a deceased persons estate.   Letters are the document issued by the Court evidencing its appointment of the Personal Representative: If Decedent died testate, the Letters are known as Letters Testamentary. If Decedent died intestate (technically, […]

04, 2016

What is the Washington state probate process?

What is Probate? Probate is a court-supervised legal process that may be required after someone dies. Probate gives someone, usually the surviving spouse or other close family member, authority to gather the deceased person’s assets, pay debts and taxes, and eventually transfer assets to the people who inherit them.   Probate Process in Washington State […]

04, 2016

Frequently Asked Questions Regarding Probate in Washington State

What is Probate? Probate is the process through which the estate of a decedent that has passed away with or without a will is administered. Common issues that are addressed in the probate process include transferring assets to beneficiaries, paying the debts of the estate, establishing the validity of a will,1 and paying any taxes […]

04, 2016

What happens if someone dies without a will?

Intestate means that one has died without creating a will. When this happens, the intestacy laws of the state where you reside will determine how your property is distributed upon your death. This includes any bank accounts, securities, real estate, and other assets you own at the time of death. Real estate owned in a different […]

04, 2016

What are the differences between “testate” and “intestate”?

Intestacy: when the decedent[1] passed away without a last will and testament.  This is known as dying intestate. Testacy: when the decedent passed away with a last will and testament.  This is known as dying testate. If the Decedent dies testate with a valid will but those named to be the personal representative[2] are unable […]