Here's what we do when we represent a Personal Representative in a probate matter, and here's why you should hire a lawyer when settling an estate.

If you’ve had a death in the family, chances are you might be dealing with the probate process soon. Probate is the formal legal process that recognizes whether a Will is valid and appoints a Personal Representative ("PR") to administer the estate and distribute assets to intended beneficiaries.

Probate frequently occurs when real estate is involved, regardless of whether the deceased left a Will. Other assets, such as a life insurance, are paid directly to a beneficiary without going through probate. When the PR hires a lawyer to represent them in the probate, we make sure that all beneficiaries, creditors, and taxes are handled appropriately according to the state probate laws and timelines.

Some PRs choose not to hire a lawyer to administer their loved one's estate, depending on the decedent's estate plan and the PR's own experience—but they do need to be legally authorized to dispose of the property. For example, they shouldn't be listing a house that they have no authority to sell. That's called fraud.

Here's what we do when we represent a PR in a probate matter, and here's why you should hire a lawyer when selling estate property.

OUR JOB AND HOW WE HELP YOU. A probate lawyer is a valuable resource who works with the PR regarding tax deadlines, outstanding debts, and the distribution of assets. A recent survey from Caring.com found that only 4 in 10 American adults over age 18 had a Will or a Revocable Living Trust. Those numbers rise as people age, with 81% of those age 72 or older and 58% of those ages 53 to 71 saying they had estate planning documents.

It's true that people handle their own probates for a loved one without a lawyer all the time, but there’s a mixed bag of results, and if you screw it up, you’re liable. If you blow a deadline, you’re liable. If you fail to do a tax filing or pay creditors, you’re liable. There are time frames that people have to be aware of; there are tax deadlines, creditor notices, Veterans’ benefits, and Medicaid reimbursement deadlines. There are a lot of issues that may or may not apply to a given case, and so understanding the context in which probate occurs is critically important.

And we don’t just deal with residences. We also work with PRs on investment properties such as rental properties, vacation homes, and even commercial buildings. One of our clients, for example, has property that’s been operated for three generations as an auto repair shop, which requires proper inspections and safety procedures regarding oil, antifreeze, and other chemicals.

HOW WE GET PAID AND HOW MUCH PROBATE COSTS. In Washington and Idaho, lawyers are paid either hourly or via a flat fee. In places like California, lawyers are allowed to be paid a percentage of the estate’s value as defined by statute, which is part of why probate is so expensive in California and probate avoidance techniques are much more widely used there.

Here in Washington, hourly rates can range from $150 to over $300, depending on the lawyer’s experience and the size of the law firm. As for a flat fee, about $2,500 to $3,500 is typical for a routine probate case. There are also court fees and related costs, usually between $500 to $2,000, depending on the estate.

DO YOU NEED TO HIRE A LAWYER TO SELL ESTATE ASSETS? An estate is required to go through probate if there is no valid Will or when a valid Will needs this process to facilitate paying debts and transferring ownership. Although each state varies, a good rule of thumb is that if a decedent owned land OR had $100,000 more of assets, probate is required. You won’t need probate if the deceased had a transfer-on-death deed or a living trust, or if a house was held in joint tenancy with a right to survivorship. You also can avoid the probate process if you’re the surviving spouse of the deceased in a community property state. However, if you’re a child or other relative of the deceased in this situation, you’ll likely be headed to probate court.

HOW CAN YOU ASSIST YOUR PROBATE LAWYER? Although each situation is unique, the best approach is to realize that your lawyer is here to help by answering your questions and guiding you through what needs to be done. A lot of people don’t know where to start. We can provide recommendations for companies that will clear out a house entirely and have it professionally cleaned and staged before putting it on the market. We're also sensitive to families who don’t want to go through that and would prefer selling the house as-is to distribute the proceeds as swiftly as possible.

Probate can take six months to several years, depending on the value and nature of the estate.

As painful as losing a loved one can be, it’s vital for survivors to communicate with one another and the professionals who can assist them so that everyone’s wishes are heard and the deceased’s affairs are conducted properly. If you've been named as Personal Representative of an estate an need legal advice and representation, give us a call at 253.858.5434 to set up an appointment today.