Many people mistakenly believe that if a person leaves a Will, probate is unnecessary — but this is simply not true.

Many people mistakenly believe that if a person leaves a Will, probate is unnecessary — but this is simply not true. A Will is a legal document that expresses a decedent’s wishes, but it does not automatically transfer assets to beneficiaries. Instead, the Will must be validated through the probate process, which is overseen by a court to ensure the document is genuine and properly executed according to State law. During probate, the court also appoints the Personal Representative (formerly called the “Executor”) named in the Will, authorizes the payment of debts and taxes, and supervises the distribution of the estate according to the Will’s terms. In fact, having a Will almost always guarantees that probate will be necessary, whereas alternative estate planning tools — like Revocable Living Trusts or joint ownership — are often used specifically to avoid it.

If you have questions about Wills or the probate process, give us a call at 253.858.5434 today. We proudly represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.