When someone dies without a Will, it can lead to a lot of fighting and arguing among the survivors, and it can also lead to a legal battle. It's important to make a Will before you die.

When a loved one dies, it can be a trying time emotionally for everyone involved. Often times after death, it can also be stressful to figure out the distribution of the deceased person’s assets, property, and belongings. When a person dies without a Will, it can lead to a lot of fighting and arguing among the survivors, and it can also lead to a legal battle. It is extremely important to make a Will before you die if you want your assets distributed a certain way. You should seek the advice of an experienced lawyer to help you prepare your Will and make your asset distribution less stressful for your survivors.

TESTATE OR INTESTATE? When it comes to Wills, there are two words that you may hear a lot: testate and intestate. These two words are used to described people and whether they have a Will or not. If you do have a Will at the time of your passing, then you died testate. If you do not have a Will when you die, then you have died intestate. When you die testate, it makes it much easier for your family and friends to determine what you wanted done with all of your assets, property, possessions, and everything else. If you happened to die intestate, then state law determines what happens to your property, assets, etc.

THE PROBATE PROCESS. In Washington, whether you left a Will or not, and absent the use of some probate avoidance technique like a Revocable Living Trust, the loved ones you have left behind will have to go through the probate process. The probate process can be complex and it is best that you hire a lawyer if you ever have to go through it. The court will need to appoint someone to serve as Personal Representative (formerly called an "Executor") of your estate, and then your property, possessions, and assets will all be distributed based on your Will (if you left one) or according to state law (if you didn't leave a Will). If you didn't leave a Will, the way everything gets distributed and dealt with may be vastly different from what you want, so if you can, make sure to sign a Will.

THE PERSONAL REPRESENTATIVE. When you make the decision to move forward on making a Will, you decide who gets your possessions, assets, and property when you die. The Personal Representative is who you appoint in your Will to carry out the Will’s instructions and organize your estate. It is important to appoint someone you trust, and someone who is responsible and has the ability to carry out the Will’s instructions as you wish. If you die intestate, you leave it up to the court to decide who the Personal Representative of your estate is, and it could be someone who you do not approve of. As long as what is proscribed in your Will is legal, your wishes and asset distribution will be carried out.

We are experienced lawyers who will guide you through the estate planning process and make sure you have your affairs exactly how you want them. We will help you develop a Will that will put your mind at ease. Call us 253.858.5434 today.