When someone passes away in Washington state, their estate needs to be handled and administered according to all applicable laws and regulations. This formal legal process is known as probate, and it entails the collection of all the individual’s assets and the distribution of these assets among the named beneficiaries. When the individual passes away with a will in place, this document will serve as a guide through the probate process. However, in the absence of a valid will, the state’s intestacy and succession laws will govern the administration of the decedent’s estate. Since probate is a formal legal process, it can be a stressful and confusing experience for the decedent’s family and loved ones. Moreover, probate can be costly, which can present additional concerns or hardship for those already grieving the loss of their loved one. As questions arise during the probate process, you may enlist the guidance of a dedicated and caring Spokane probate attorney to support you and answer your questions as they arise. Those looking to avoid the probate process altogether can also work with a knowledgeable estate planning and probate lawyer to implement strategies that will minimize the need for probate upon their passing. This post will address common questions about probate, such as “do you have to file for probate when someone dies?” and other concerns about what to expect from the probate process (and if it is even necessary in every situation).
Do You Always Have to File Probate When Someone Dies?
In short, the answer is no. Probate applies to many estates, but certainly not to every single one. According to the Washington State Bar Association (WSBA), “Probate proceedings are not necessary for all estates. Factors including the value, nature, and titling of assets determine whether a probate is required.” In other words, the need to file probate papers may not apply to your situation. It’s also helpful to recognize that Washington state law provides a simplified procedure for the transfer of assets when the value of an estate does not exceed $100,000.
Do You Have to Apply for Probate When Someone Dies?
The probate process in Washington is entirely discretionary, which means that it is not required and up to each individual case to decide whether to initiate formal legal proceedings. However, this decision may vary depending on whether the decedent left behind a valid will. Let’s take a closer look at how these two scenarios will likely unfold once a loved one passes away in Washington state.
When the Decedent Left a Valid Will Behind
If your loved one left behind a valid will, this document will serve as a guide for the administration of the estate and the distribution of assets among the designated beneficiaries. Upon the person’s death, anyone in possession of the will must present the will to the executor of the estate (if known) or to the Superior Court within thirty days. The personal representative (as designated in the will) needs to be formally appointed by the court to oversee the administration of the decedent’s estate. However, if any doubts or concerns about the validity of the will arise, these matters need to be resolved before the process can move forward. Enlisting the guidance and support of an experienced and knowledgeable Spokane estate planning and probate lawyer is highly recommended to ensure that your best interests are safeguarded at every opportunity.
When No Will Exists
When a resident of Washington state passes away intestate (which means there is no valid will), the state’s intestacy laws will oversee the matter. The court will still need to appoint a trusted individual to serve as the estate’s administrator. Instead of performing their duties according to the terms of the will, the administrator will use the laws to govern their actions and decisions. If your loved one has passed away without leaving behind a will, you may wish to review your options with a trusted and caring Spokane probate attorney who can provide you with the personalized legal guidance you need during this overwhelming time.
What to Expect During the Probate Process in Washington State
Whether you are serving as the personal representative of an estate or you are a beneficiary of the estate, it’s helpful to understand what you can expect during the probate process. Essentially, the personal representative is tasked with valuing and inventorying the assets of the estate. The personal representative must also notify any creditors of the decedent’s passing so that they can report any outstanding debts still owed by the estate. Once the personal representative has paid any remaining debt obligations and all applicable taxes, the remaining assets will then be transferred to the designated beneficiaries (either according to the specifications expressed in the will or according to the state’s succession laws). Upon the completion of these tasks, the personal representative will then file the declaration of completion with the court to formally conclude the legal probate process. Should any issues arise at any point during probate, the dedicated legal team at Kristina Mattson Law is ready to support you and help you identify the most strategic path forward.
Learn More About Probate in Washington Today
As you start to put together an estate plan, you may wish to explore some strategies to minimize the need for probate. Many people want to save their loved ones from the additional stress and hassle of probate upon their passing, which is why enlisting the guidance of a knowledgeable estate planning attorney is highly recommended. Depending on your unique circumstances and goals, your attorney can recommend various estate planning tools and strategies, such as setting up trusts to protect your assets and support your loved ones, that also reduce the need for probate later on. No matter what your vision for the future may look like, you can trust that Kristina Mattson Law is prepared to help you make it a reality.
The loss of a loved one is understandably challenging and overwhelming. However, you do not have to navigate this stressful experience on your own. Call Kristina Mattson Law today at (509) 998-6629 to learn more about what to expect during the probate process and discuss your concerns with an experienced and compassionate Spokane estate planning and probate attorney.
