Probate in Washington is a court-supervised procedure by which the ownership of property of a deceased person (the decedent) is determined. Probate takes place in Superior Courts of each county across the State. The purpose of probate proceedings is to permit the decedent’s Personal Representative (PR) to take possession, protect, and preserve the decedent’s property; pay all debts, claims and taxes necessary to settle the decedent’s affairs; and to distribute the decedent’s property to the rightfully entitled recipients. Typically a decedent has named who their PR will be in their Will and that person, usually with the assistance of a lawyer, can open a probate case and become officially named as the PR. Here is a list of 10 things everybody should know about probate in Washington:
(1) If the Decedent’s estate does not contain real estate and is worth less than $100,000, then the decedent's estate does not need to go through probate. If you still need to transfer assets, Washington allows the PR to complete a Small Estate Affidavit after 40 days have passed since the date of the decedents death. PRs can mail or deliver the affidavit to the holder of the property.
It is a good idea to consider filing and publishing a Non-probate notice to creditors which can shorten the statute of limitations on any claim from two years to four months. It's also a good idea to file an original Will with the Court after 30 days after receiving notice of the death, even if there is no probate case.
(2) The Washington State Dept. of Licensing has its own form for the transfer of vehicles when no probate has started.
It’s called an affidavit of inheritance/litigation and can be downloaded from the DOL's website.
(3) If the Decedent owned real estate, then a probate case must be filed in order to sell the real estate and obtain Letters Testamentary to transfer assets.
(4) It is helpful if the Decedent had a Will clearly naming a PR that allows for nonintervention powers. This allows a PR to liquidate and distribute assets according to the Will without other family members possibly challenging the choices of the PR.
(5) Documents that will be needed in order to start the probate process will be the filing of a Petition for Probate of Will, an Order for the court to sign, Oath of Personal Representative, a Notice to Creditors, and the original Will that includes at least two witnesses' signatures. Other documents may also be required depending on the circumstances.
(6) All potential heirs, beneficiaries, and devisees must appear in the verified petition of probate. Listing only the beneficiaries under the Will is not sufficient.
(7) If the Decedent was married, consider which assets are community property and which are separate.
(8) Proceeds from retirement or life insurance account with transfer on death provisions can be administered without having to go through probate. Also, consider filing a Transfer on Death Deed (TODD) for your home to avoid the probate process. A 2014 law now allows for this type of deed to be recorded. This deed can be filed anytime and can be revoked anytime prior to death. This would allow for the immediate liquidation or transfer of the home, without having to go through probate.
(9) Assets placed in a revocable trust will also avoid the probate process as they have already been transferred to the trust which name specific beneficiaries. There may be tax implications of transferring an asset so talk to your accountant before taking action.
(10) Estates that are worth $2.193 million will not be subject to Washington inheritance taxes and estates worth less than $11.58 million will not be subject to federal estate taxes.
If you live in Washington and are looking for a lawyer to assist with filing a new probate case, give us a call at 253.858.5434 or send an email to steve@aitalaw.com.