Coping with a loved one’s death is difficult on its own. However, as you grieve the loss of a beloved spouse, parent, or family member, you must also sort through the practical aspects of their passing. For example, you will need to locate their will (if they left one in place) and move through the legal process of distributing their estate among their intended beneficiaries. It’s important to note that trusts are an estate planning instrument that are designed to circumvent probate, among other things. So for purposes of this blog, we are focusing on wills and/or passing away intestate (without any estate plan).
In Washington State, the probate process refers to the legal procedure for administering a person’s estate when they pass away. Probate is a formal process that involves specific procedures, rules, and steps to ensure that the estate is administered properly and in accordance with state succession laws. The probate process can vary in duration and complexity, depending on whether the decedent left a valid will behind. In some cases, certain assets may circumvent the probate process, so it’s important to enlist the guidance and support of a knowledgeable and caring Vancouver probate attorney who can help you identify the most appropriate path forward. Let’s take a look at what you can expect from the probate process in Southwest Washington, as well as some estate planning strategies you can employ to minimize the need for probate later on.
Defining Probate in Washington State
First, it’s helpful to understand what the term “probate” means for Washington residents. According to the Washington State Bar Association, “Probate involves collection of the decedent’s assets; determination of the proper beneficiaries and notification of their interests; notifying and paying legitimate creditors; filing any required tax returns and paying any taxes due; and finally distributing the decedent’s assets to the proper beneficiaries.” In other words, probate is a formal process that governs the administration of a person’s property, bank accounts, possessions, and other assets (as well as any outstanding debts they still owe to creditors) before distributing the remaining assets among the named beneficiaries. By establishing a clear set of rules and procedures, Washington ensures that every decedent’s estate moves through each important phase before the beneficiaries receive any inheritances.
Probate is Not Always Necessary
It’s important to recognize that probate is not always necessary for every estate. For example, Washington law offers a streamlined process for smaller estates with assets not exceeding $100,000. Those who wish to bypass probate can implement certain strategies when succession planning, such as creating a trust to shield assets from becoming subject to probate upon their passing. A trust allows you to place virtually all of your assets (such as real estate properties, bank accounts, vehicles, and other assets) in the trust. When you pass away, the successor trustee of your choosing can transfer the trust’s assets to the trust beneficiaries without having to move through the probate process. You may also explore other options for avoiding probate, although it may not afford complete protection, such as establishing joint ownership, payable-upon-death designations for bank accounts, transfer-on-death deeds for real estate, and transfer-on-death registrations for vehicles. Whatever your specific estate planning goals may be, it’s important to discuss your options with a dedicated and experienced Vancouver estate planning attorney who can answer your questions, address your concerns, and help you secure your ideal outcome.
What to Expect During the Washington Probate Process
If a loved one has passed away, their estate will likely move through probate. Whether you have been appointed to serve as the personal representative of the estate or you are a beneficiary of the estate, it’s natural to have questions about what to expect during the probate process. Below is a general overview of how a probate matter usually unfolds so you can prepare to navigate the weeks and months ahead with better certainty and confidence.
Validating the Last Will and Testament of the Decedent
If the decedent left behind a last will and testament, any person in custody of this legal document must deliver the will to the executor of the estate or to the Superior Court. The will should identify the individual appointed to serve as the personal representative of the estate, and this person should petition the court to be appointed to serve in this capacity in order to begin administering the estate. However, if the decedent did not leave a will behind, someone must petition the court for letters of administration and nonintervention powers to initiate probate. Once the personal representative or administrator has been appointed, this individual may initiate the estate administration and probate process.
Notifying the Beneficiaries and Creditors
The personal representative will notify the beneficiaries of the decedent’s passing. Additionally, the personal representative will notify any creditors of the individual’s passing by publishing a notice in a local newspaper within the county where the probate is taking place. The creditors will have four months in which to bring outstanding claims against the estate, and the personal representative will pay all legitimate claims that arise.
Valuation of the Estate’s Assets
Next, the personal representative must complete a valuation of the estate’s assets by having each item or asset appraised. The personal representative should compile a formal list of each asset and its corresponding value, as this document will be submitted to the court later on in the process.
Preparing and Filing Tax Returns
The personal representative can be responsible for preparing and filing the decedent’s final Form 1040 income tax return. The personal representative must also take any applicable estate taxes before moving on to oversee the distribution of the estate’s remaining assets among the named beneficiaries.
Distribution of the Assets Among the Beneficiaries
Once all outstanding debts and taxes have been paid, the personal representative will oversee the distribution of the estate’s remaining assets among the designated beneficiaries or heirs. The personal representative should keep a written record of the assets and the beneficiaries to provide to the court when concluding the probate matter. The final step of the probate process occurs when the personal representative files a Declaration of Completion of Probate with the court to notify all parties that the administration of the estate has concluded. If questions arise at any point during this process, enlist the guidance of a qualified and caring probate lawyer who can provide you with the trusted support you need.
If you have questions about the probate process in Washington State, the dedicated and knowledgeable estate planning and probate attorneys at Myatt & Bell, P.C. are ready to provide you with thorough answers and solutions. We encourage you to contact our Vancouver office at (360) 360-0212 or our Portland office at (503) 641-6262 to get started with a caring and trusted probate lawyer.
The content on this blog is for general informational purposes only and does not constitute legal advice. The author of this blog is not an attorney, and the views expressed are solely those of the author. Always seek the advice of a qualified attorney for legal guidance regarding your unique situation.
