Making a Will is a good idea at any age because we never know what's going to happen. No matter your age or health, a Will ensures that your assets will go where you want.

Making a Will is a good idea at any age because we never know what’s going to happen. No matter your age or health, a Will ensures that your savings and assets will be distributed in the way you want. If you write your Will on your own and if it’s not legally sound or doesn't meet the requirements for a valid Will in the state where you live, you may not be able to fix it when it’s necessary. That’s why it’s a smart idea to consult with a lawyer to draft or revise your Will.

A lawyer can also make sure that everything you include in your Will is carried out since you won’t be able to do this yourself. This is done through the probate process. There are a lot of myths and misinformation out there about probate. Probate sounds like a complex and expensive process. However, probate is actually a very common legal procedure and is the way that some assets must be formally passed from the deceased person to their heirs or beneficiaries. Whether probate is needed depends on the type of property, how it is owned, and what the state laws are.

WHAT DOES PROBATE MEAN? Probate is a procedure through which assets are legally passed. For very large estates, the probate process can be a complex procedure. However, for most people, it's a very simple formality. At its most basic, probate is really just a judge giving legal permission for assets to be passed on, whether or not there is a Will.

WHEN DOES PROBATE APPLY? Most people think of probate as involving a Will. If a person dies and leaves a Will, then probate is required to implement the provisions of that will. This is called a "testate estate." Probate also happens if a person dies without a Will and has property that needs to be distributed under the state laws of inheritance. This is called an "intestate estate." If the decedent owned an account that named a beneficiary (such as a retirement account) but the beneficiary has passed away before the owner of the account, probate law requires that account to go through probate so that the funds can be passed to the person legally entitled to them under state law.

CAN'T YOU SKIP PROBATE? Some people don’t want to probate a Will. There is no requirement that a Will or property go through probate, but if the decedent owned property that is not arranged specifically to avoid probate, there is no way for the beneficiaries to obtain legal ownership without it.

WHAT IS A SMALL ESTATE AFFIDAVIT? Most states recognize that a full probate process can be expensive and time-consuming. Because of this, small estates are usually eligible for a simplified process that generally does not require a lawyer. Here in Washington, for example, if the decedent’s estate is less than $100,000 and does not include any real estate, a small estate affidavit can be used.

PROBATE AVOIDANCE. It is possible to avoid probate entirely with careful planning. This is desirable for some people because doing so reduces legal fees and saves time. Avoiding probate can also protect privacy, since some of the records may not be available to the public.

One of the most popular ways to avoid probate is through the use of a Revocable Living Trust. Assets are placed in the trust, but they can used by the trust creator during their lifetime. Upon death, assets in the trust are passed to the trust beneficiaries just by operation of the trust document. No probate is necessary.

Life insurance policies pass property outside of probate. Whoever you name as beneficiary on your life insurance policy will receive the death benefit directly with no probate process.

Some retirement accounts can pass outside of probate. The account owner names a beneficiary and that person then receives the balance of the account after the owner’s death. Payable on death accounts operate the same way.

Real estate that is owned as joint tenants passes outside of probate as well. This type of property has two owners. When the first owner passes away, the second one automatically owns the property.

Most families will have some contact with a probate court whether or not a Will was created, but in most cases, especially in Washington and Idaho, the process is streamlined and inexpensive. If you have questions about the probate, give us call at 253.858.5434 to see how we can help. We represent clients throughout Washington and Idaho and are available to meet in person (with appropriate social distancing protocols in place), by phone, or via video conference.