After a person’s death, their estate is often required to go through a legal process known as probate.1 The process generally involves the transferring a person’s assets to his or her beneficiaries and heirs as well as settling any debts that may be outstanding. Below are some answers to frequently asked questions regarding the probate process in Washington State.
When in probate required?
Probate is required when a person dies and has property or debts that must be transferred or settled. If the decedent has a will, that document will likely name a personal representative, who is the party responsible for the winding up of the decedent’s affairs. If there is no will, Washington State law1 provides a list of people who are entitled to petition the court to serve as executor.
Does a person acting as a personal
representative need to hire an attorney?
While state law does not require a personal representative to hire an attorney, it is highly advisable for anyone involved in the probate process to do so. The laws that govern the disposition of a person’s estate can be extremely complicated, and it is helpful to have the assistance of an experienced legal professional. In addition, the representation of an attorney will be extremely helpful in the event that a dispute arises and may even be able to avoid the development of one before it starts.
What is the role of the court in the
probate process?
The Washington State Superior Courts2 have jurisdiction over probate matters that occur within the state. Most of the day-to-day issues associated with the winding up of a decedent’s estate, such as paying bills or preparing taxes are handled by the executor or executrix without any court involvement.
How long does the probate process last?
The length of the probate process depends on a variety of factors and no two cases will be exactly alike. Generally speaking, the process begins when the personal representative admits the decedent’s will to the court or, if there is not will, when the superior court names a personal representative. There are some specific deadlines associated with the probate process, so anyone who is acting as an executor or executrix of an estate should seek legal advice from a Seattle or Tacoma probate attorney.
The Dickson Law Group is a trust, probate, and estate planning and litigation form with offices in Seattle and Tacoma, Washington. Along with matters related to probate and estate planning, the firm also practices in the areas of family law, real estate litigation, business law, intellectual property, and general litigation.
1
http://apps.leg.wa.gov/rcw/default.aspx?cite=11.28.120
2 https://www.courts.wa.gov/appellate_trial_courts/?fa=atc.crtPage&crtType=Super