What is probate? If you're not a lawyer and don't understand what probate is, don't feel bad. A lot of lawyers don't know either.

What is probate? If you’re not a lawyer and don’t understand what probate is, don’t feel bad. A lot of lawyers don’t know either. Unless you practice in the area regularly, there is little need for you to know much about it. Here is how we describe probate to clients: It is a legal process by which a person is appointed by the court to sell or transfer a deceased person's assets, pay all of the bills, manage tax issues, distribute the remaining assets according to the person's Will, and then properly close the probate. If there is no Will, you distribute the assets according to Washington's default law on distribution to heirs. Seems simple, right? Kind of, but in return for that simplicity, the person who is appointed needs to carefully follow the law, including sending out the appropriate notices to the other people interested in the estate so they can defend their rights if needed. Washington courts do not normally directly supervise the administrator of the estate. The Personal Representative (what used to be called the "Executor") is on their own. But failing to follow the rules can get you in trouble and can sometimes be costly.

MYTH #1: IF I DON'T HAVE A WILL, THE STATE WILL GET EVERYTHING. We hear this more frequently than you'd think. Many people think that if there is no Will, then "the state will get everything." Not true. When a person dies with no Will, their estate is distributed to the person's "heirs" as defined by state law. In Washington, the "heirs" are who you'd expect: the surviving spouse, children, grandchildren, great-grandchildren and further descendants, parents, siblings, siblings' descendants (nieces and nephews), grandparents, grandparents' descendants (aunts, uncles, then cousins), etc., in that order. RCW 11.04.015. Furthermore, taxation issues are the same regardless of whether or not the decedent left a Will. The administration of the estate is also similar with or without a Will. Getting a person appointed, however, can be slightly more complicated.

MYTH #2: IF I HAVE A WILL, I DON'T NEED A PROBATE. Whether you need a probate has nothing to do with whether there is a Will. The need for a probate is dependent on many other factors that are best assessed by a lawyer who practices probate law. But generally, a probate is needed when you have assets that can only be obtained by a person with Letters Testamentary (which you can only get by opening a probate) and who has taken on the responsibility of conducting the probate properly.

HOW LONG DOES PROBATE TAKE? There is no set time period that a probate must remain open. It is a matter of how long it takes to marshal the decedent’s assets, get their name off of titles to property, sell assets, pay all creditors, and take care of taxes. This need not take a long time. When there is a house, it might take a while to sell the house. Also, if a Notice to Creditors is published, you’ll need to wait to finish the probate until the 4-month claim period has expired. But other than that 4-month claim period, nothing is driving the length of the probate except for how long it takes you to liquidate and distribute all of the decedent's assets and pay their bills.

If you've been named as Personal Representative of a loved one's estate and have questions about how the process works, give us a call at 253.858.5434 to set up an appointment today.