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 that may be due.
What are the problems associated with probate?
The probate process can cost an estate a significant amount of money due to legal and administrative costs. In addition, when an estate goes through probate, it can delay the transfer of assets for months or even years. Finally, the probate process is a matter of public record, so going through the probate process opens up an estate’s affairs to financial scrutiny. For this reason, many people try and avoid the probate process through various mechanisms, some of which are discussed below.
Can I Avoid Probate?
Fortunately for people who are concerned about the issues involved with probate, there are certain ways that you can avoid having your property go through this process. Two of the most commonly utilized probate avoidance techniques are detailed below:
- Placing assets in a living trust – When assets are placed in a trust, they can be transferred directly to the trust beneficiaries 2 without going through probate.
- Joint ownership – When property is jointly owned, full title to the property often passes directly to the other owner when the joint owner passes away, avoiding the need for probate.
Contact a Tacoma probate lawyer today to schedule a consultation
The probate process can be complicated and have a significant impact on the way that an estate is administered. In addition, disputes regarding can substantially affect the amount of money that beneficiaries will receive. For this reason, people who have an interest in an estate going through probate or who are seeking to avoid the process entirely should talk to a Tacoma probate lawyer as soon as possible. To schedule a consultation with one of our lawyers, call the Dickson Frohlich Phillips Burgess today at 253-572-1000 or send us an email through our online contact form.
Resources:
1 https://www.law.cornell.edu/wex/will
2 https://www.law.cornell.edu/wex/trust_beneficiary
Attorney Robert Dickson
The core of Rob’s legal practice is civil litigation, with an emphasis on construction, real estate, and business law. He represents a wide range of clients, from large construction companies to individual homeowners. His is a practical approach to law, which strives to balance the need for a successful legal outcome with a client’s financial goals (or constraints). Outside of his private practice, Rob serves as an adjunct professor at the Seattle University School of Law where he teaches real estate litigation. [ Attorney Bio ]