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Probate and Probate Alternatives

Spokane’s Go-To Law Firm For Probate and Probate Alternatives

When a Washington resident passes away, they are called a “decedent,” and their estate typically moves through a legal process known as probate. A probate is a court action where a person files documents with the court and asks a judge to authorize the person to gather the assets of the estate, pay bills, and distribute the remaining assets of the estate to its beneficiaries (persons or entities entitled to receive the remaining assets of the estate, after debts and costs are paid). Probate can occur whether or not a decedent has a Will in place. Once appointed, the personal representative is appointed to oversee the probate process using a legal document called Letters Testamentary (Will) or Letters of Administration (no Will) to gather the assets of the estate and otherwise administer the estate.

Here to answer your questions

Whether you have been selected to serve as the personal representative or executor of an estate, or you have questions about the probate process in Eastern Washington, the dedicated legal team at Kristina Mattson Law is prepared to answer your questions and support you at every step of the probate process. We can also help you explore probate alternatives like a Lack of Probate Affidavit or a Small Estate Affidavit. No matter what your and your family’s specific circumstances or goals may be, you can trust that working with a knowledgeable and empathetic Spokane probate lawyer will help you achieve your desired outcome.
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Understanding Probate in Washington State

First, it’s helpful to understand how probate typically works in Washington state.

When someone passes away in Washington state, the individual appointed to serve as the personal representative (also called the executor) of the estate can file documents with the court to initiate probate proceedings. Upon review, the court will grant and sign Letters Testamentary (or Letters of Administration, if there is no Will). This document demonstrates that the petitioner has the authority and the right to receive estate assets for the purposes of administering the estate. 

Once the probate process is started, the personal representative will complete a series of tasks to administer the estate. This trusted individual will identify and value the estate’s assets. The personal representative will also notify any creditors of the decedent’s passing so these parties can bring claims for any valid outstanding debts owed by the estate. The personal representative will handle any tax obligations and distribute the estate’s remaining assets among the designated beneficiaries.

Once the transfer of assets has been completed, the personal representative will notify the court and formally close the probate proceedings.

While some probate proceedings move forward relatively smoothly and uneventfully, others may encounter challenges. In either scenario, it is beneficial to seek guidance of a knowledgeable and experienced Spokane probate lawyer.

The Role of a Spokane Probate Attorney

A probate attorney drafts and files the opening probate papers, appears in court to obtain the Letters Testamentary or Letters of Administration, and assists with the notice and other requirements of probate.

Once everything is complete, closing probate documents are filed with the court, and the case, along with challenges to the way the estate was handled, is formally closed.

With the legal team at Kristina Mattson Law on their side, the peraon appointed as a personal representative can rely on a highly qualified Spokane County probate lawyer to help them resolve any difficulties or questions that arise during the probate process.

Disagreements among beneficiaries can quickly develop into contentious legal disputes, so having a trusted and experienced probate attorney on hand can ensure that any issues are handled carefully and effectively.

Exploring Probate Alternatives in Eastern Washington

It’s important to understand that not every estate in Washington is subject to probate. For small estates (typically, estates that have no debt and assets less than $100,000) and estates that only include real estate, there are alternatives to probate.

In those instances, a court action does not need to be filed, and a Small Estate Affidavit or a Lack of Probate Affidavit may be appropriate. Also, if all of the estate’s assets are held in a valid Trust, it may not be necessary to file a probate, and the estate can be handled privately by the trustee.

Schedule with Kristina

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Kristina Mattson Law can assist you with the probate process and help you determine the best path forward in administering a loved one's estate.

At Kristina Mattson Law,  client satisfaction informs everything we do, and we strive to deliver exceptional guidance and representation at all times. 

We encourage you to contact our office today to learn more.