What is probate?
Probate is the legal process of administering a person's estate after they pass away. Whether someone dies with or without a Will, probate may be necessary to transfer assets, pay debts, and distribute property to the appropriate beneficiaries or heirs.
During probate, the court appoints a Personal Representative (sometimes called an Executor) to manage the estate. The Personal Representative gathers assets, pays valid debts and taxes, and distributes the remaining assets according to the Will or, if there is no Will, Washington law.
Probate in Washington is generally a straightforward and efficient process. While some people choose to avoid probate through estate planning, it is not something to fear, and in many cases it is the appropriate and best way to administer an estate.
Is probate always necessary?
No, probate is not always necessary. While probate is often a straightforward process, there are numerous ways that you can avoid it through advance estate planning. Consultation with an attorney can provide you with the options that are available to you during your lifetime to minimize the chances that your estate would have to go through the probate process.
If probate is not necessary, how do my beneficiaries deal with all the “loose ends” of my estate?
Often when probate is unnecessary, there are still items that beneficiaries are not sure how to deal with, such as the transfer of vehicles, bank accounts, and other miscellaneous items. It is best to consult with an attorney on how to transfer these remaining assets to the appropriate beneficiaries. The attorney can also assist with any other remaining items and obstacles that beneficiaries may face, such as dealing with banks, creditors, life insurance, and retirement accounts.