Many people believe that avoiding probate means avoiding every legal obligation after death, but that is not always the case.

Many people believe that avoiding probate means avoiding every legal obligation after death, but that is not always the case. In Washington, assets that pass through beneficiary designations, joint ownership with rights of survivorship, payable-on-death (POD) or transfer-on-death (TOD) designations, Revocable Living Trusts, and Community Property Survivorship Agreements can often be transferred without a formal probate. However, creditors may still have claims against a decedent’s estate. Washington law provides a valuable tool called the Nonprobate Notice to Creditors procedure, which allows the Personal Representative or other qualified party to shorten the time creditors have to present claims, even when no probate is opened. Without using this procedure, creditors may have a much longer period to pursue valid claims, creating uncertainty for beneficiaries. A well-designed estate plan should not only include probate avoidance strategies but also consider whether the Nonprobate Notice to Creditors process should be used to provide greater certainty and help beneficiaries receive their inheritances with confidence. An experienced attorney can help coordinate beneficiary designations, Trusts, and other probate avoidance techniques while ensuring that creditor issues are properly addressed.

If you would like to talk about estate planning and probate avoidance techniques, give us a call at 263..858.5434 to make an appointment today.