Probate is the legal process that takes place after someone dies that determines how the deceased person's assets will be distributed.

If you’re involved in administering and settling an estate, one of the first questions you ask is probably, “What is probate?” Probate is the legal process that takes place after someone dies that determines how the deceased person’s assets will be distributed.

In most circumstances, the Personal Representative named in the Will assumes the role of handling probate. If there's no Will, state laws of intestacy will decide the rules of inheritance. Keep in mind that the probate process and timeline will vary depending on the state but, in general, probate law requires these steps.

STEP 1: FILE A PETITION TO OPEN A PROBATE ESTATE. You’ll have to file a request with the Court in the state where the deceased person lived. Here in Washington, a probate petition can be filed in any county in the state, as long as no one objects to venue, in which case the matter will have to be transferred to the county where the deceased person lived at the time of their death. The paperwork will ask for you to be officially acknowledged as the Personal Representative representing the estate. In addition to the petition, you’ll need to file a valid Will, if one exists, and the death certificate. If there's a Will, the Court will automatically appoint the persona named as PR (assuming they are able and willing to serve). If there is no Will, and if the heirs don't consent to the appointment of the nominated PR, then a hearing is scheduled to approve the Personal Representative (or hear objections from other parties). If you’re approved as PR, the court will officially open the probate case and you will now be able to act on behalf of the deceased’s estate.

STEP 2: GIVE NOTICE. You’ll need to mail a notice that the estate is in probate to all creditors, beneficiaries, and heirs (as required by law). You will also publish a notice in a newspaper in the county where the deceased person lived at the time of their death.

STEP 3: INVENTORY ASSETS. Collect, inventory, and appraise all assets that are subject to probate, such as:

* Bank accounts.

* Retirement accounts.

* Stocks and bonds.

* Real estate.

* Personal effects, such as vehicles, art, jewelry, etc.

STEP 4: HANDLE BILLS AND DEBTS. Collect money owed to the estate, such as outstanding paychecks and rents. Also review any outstanding bills and debts, as well as any creditor's claims that are properly filed with the court, and decide whether/how they must be paid. This may require some sleuthing on your part. You might need to go through checkbooks, emails, and/or bank accounts to gather information. You'll need to ensure the estate's assets can cover all debts before paying them. If not, the court will prioritize creditor claims.

You'll also need to pay all applicable taxes, as well as file a final income tax return on the estate. It's usually a good idea to set up an estate account for paying the estate's final bills and expenses.

STEP 5: DISTRIBUTE REMAINING ASSETS. With all claims, taxes, debts, and expenses paid, you'll give the remaining property to the rightful heirs and/or as the Will directs.

STEP 6: CLOSE THE ESTATE. Once everything has been distributed, you’ll submit receipts and records of everything to the court and then ask for the estate to be closed – and to be released from the role of Personal Representative.

If you’d like some guidance as you go through the process, we can help. Give us a call at 253.858.5434 to set up an appointment today.