When someone passes away with or without a will in Washington state, several decisions need to be made about the property, assets, and debts they left behind. Losing a loved one is hard enough, and the idea of sorting through their possessions and deciding what to do with their house can create additional stress to those already in mourning. However, it’s important to recognize that the probate process is designed to alleviate much of the stress and confusion surrounding the estate administration process when a will is left behind, as the named personal representative (sometimes referred to as an executor) will oversee every step of the process to ensure that the beneficiaries receive the assets left to them by their loved one. The Washington State Bar Association (WSBA) defines probate as “a legal procedure for administering the estate of the decedent (the deceased person). Probate involves collection of all 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.” If you have been appointed to serve as the personal representative to an estate, you may have questions about your obligations and responsibilities during the probate process. This blog will provide a general overview of the probate process, and you can enlist the guidance of an experienced and knowledgeable Vancouver probate attorney at any point for legal support and guidance during this process.
What Happens After Probate is Granted in Washington State?
First, and when probate is both relevant and necessary, it is helpful to understand what happens when an individual passes away in Washington and how the probate process begins. If the individual left behind a valid will, this document must be produced and delivered to the personal representative or to the Superior Court within thirty days of the decedent’s passing. The individual who has been designated to serve as the estate’s personal representative then needs to petition the court to issue “letters testamentary and nonintervention powers.” In other words, the court will allow the personal representative to administer the estate with the court’s formal approval to do so. In cases where the decedent did not leave behind a will and passes intestate, either the court will appoint a personal representative or the individual who wishes to serve as the estate’s personal representative must petition the court for letters testamentary and nonintervention powers in order to begin serving in this capacity.
Probate Has Been Granted, What Happens Next?
Once the court authorizes the personal representative to begin administering the estate, probate proceedings may begin. The personal representative is tasked with several duties, which are identified and defined below. As the personal representative of an estate, it’s important to recognize that you can always lean on the support and guidance of legal counsel from an experienced Vancouver probate lawyer to help you navigate the process.
Notifying Creditors
When someone passes away, their debts do not simply disappear. The personal representative needs to notify creditors so that they can present any outstanding claims against the estate. Once the personal representative receives and reviews these claims, they can use the estate’s assets to pay down these debts. This is important to complete before distributing the estate’s assets among the designated beneficiaries.
Valuation of the Estate’s Assets
The personal representative will need to conduct a valuation of the estate’s assets, which can involve various appraisers to ensure that the amounts are accurate. In some cases, it can take a considerable amount of time to locate, inventory, and appraise each component of the estate.
Paying Applicable Taxes
As a personal representative, you will need to file any required tax returns in a timely manner. Moreover, you will need to determine whether there are any other tax obligations that pertain to the estate and address them as they arise. Tax matters can be complicated, so many personal representatives turn to a knowledgeable tax professional or probate attorney to help them resolve any issues that may arise during the probate process.
Distributing the Assets Among the Beneficiaries
Once all of the assets have been appraised and all taxes and debts have been paid, the personal representative will distribute the remaining assets among the beneficiaries as specified in the will. If the transfer involves a deed to real property or other complex assets, it may be helpful to discuss the details of the transaction with an experienced probate lawyer to ensure that it moves forward as smoothly as possible.
What Happens After Probate is Closed?
So, what is the next step after probate is granted? Once the personal representative has completed the transfer of assets to the designated beneficiaries, they should collect a signed receipt from each beneficiary and file these documents with the court. The personal representative should also file a declaration of completion alongside these receipts, notifying the court of the probate’s conclusion. However, challenges may arise during the probate process, which can complicate matters and slow down the proceedings. For instance, if disputes among the beneficiaries erupt, these matters need to be resolved before the probate process can continue. Or, a beneficiary may object to the terms of the asset distribution, which may require dispute resolution services to arrive at a fair outcome. No matter what path the probate proceedings take, enlisting the assistance of a caring and experienced Vancouver probate lawyer can help you make informed decisions with greater certainty and confidence.
Get Help with Probate Today
If you have been designated to serve as the personal representative to an estate, you do not have to have all of the answers. You can turn to a highly qualified probate attorney whenever a question arises, trusting in their ability to provide you with the customized legal support you need to move forward. Whether you have a specific question about probate or you are interested in learning more about estate planning strategies that can help you and your loved ones avoid this process when the time comes, the experienced and compassionate probate lawyers at Myatt & Bell, P.C., are here to help.
If you have questions about the probate process in Washington State, the dedicated legal team at Myatt & Bell, P.C., is ready to provide you with the personalized legal guidance you need during this challenging time. Please call our Vancouver, Washington office at (360) 360-0212 or our Portland, Oregon office at (503) 641-6262 to discuss your options with a knowledgeable and caring estate planning and probate attorney.
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.
