Probate FAQs

Frequently Asked Questions that Heirs and Personal Representatives often need help answering.

Why is Probate required?

Typically, probate is necessary to legally transfer assets. Transferring the legal title or ownership of the decedent’s real property requires the legal authority granted to a Personal Representative or Administrator by the court. Similarly, financial institutions will not release assets without a court-appointed representative unless the deceased formally named beneficiaries.

In addition, defending or prosecuting legal claims on behalf of the Estate requires the appointment of a Personal Representative.

Cases where probate may not be required typically involve estates consisting solely of personal property. Real property may bypass probate if it has been deeded with a beneficiary or placed in a trust naming beneficiaries.

How does the Probate process work?

The process typically starts with filing a Petition in superior court to admit a Last Will and Testament into probate. The Petition seeks to:

  • Appoint a Personal Representative (usually named in the Will).

  • Grant “non-intervention powers,” allowing the representative to act without seeking court approval for each action.

  • Issue “Letters Testamentary.”

If only a copy of a Will exists, the court must confirm its authenticity. If no Will exists intestate), the Petition seeks to appoint an Estate Administrator and issue “Letters of Administration,” demonstrating the Estate's solvency.


Key Steps in the Process:

  • Notification: Potential beneficiaries (heirs) must be notified. If the Will does not name the Personal Representative, beneficiaries can challenge or consent during a hearing.

  • Publication: A notice of probate is typically published in a local newspaper, alerting creditors. Known creditors may also receive direct notice. Failure to claim debts within a specified timeframe may forfeit creditors’ rights.

  • Consolidation of Assets: The Personal Representative must identify and consolidate Estate assets, including opening a bank account to manage Estate funds. Debts and expenses are paid from this account.

  • Asset Distribution: Once debts are settled, assets are distributed to beneficiaries. Real property may be sold or transferred as needed.

  • Safeguarding Assets: The Personal Representative must protect assets (e.g., maintaining insurance) and create an inventory of assets and debts. This inventory is typically kept in probate files and shared with beneficiaries upon request.

  • Legal Claims: Representatives may oversee claims on behalf of the Estate, such as recovering debts or filing wrongful death claims.

  • Closing Probate: After all debts are paid, tax filings are completed, and assets distributed, probate can be closed by filing a notice with the court. Beneficiaries have a limited time to contest the closure.

If the value of the Estate is low, is Probate still necessary?

Not always. Washington State law allows small Estates to use a small-estate affidavit procedure, bypassing formal probate. After 40 days following the decedent’s death, an eligible person may claim estate assets using this process, provided it meets legal criteria. Consulting an attorney can help determine whether this option is suitable.

How much does Probate cost?

Probate costs vary based on complexity. Some attorneys charge a flat fee for straightforward cases, while others bill hourly for services. Factors influencing cost include:

  • Complexity of the Estate.

  • Organization and efficiency of the Personal Representative.

  • Disputes or contested issues raised by heirs.

It’s wise to consult multiple attorneys to compare fees and services.

How long does the Probate process usually take to complete?

The duration of probate depends on several variables. On average, it takes about six months, but it can take longer due to:

  1. Beneficiary disputes (e.g., Will contests).

  2. Difficulty locating heirs.

  3. Unresolved claims or liens against the Estate.

  4. Challenges in selling property.

  5. Late or unresolved creditor claims.

  6. Pending legal actions by the Estate.

An organized Personal Representative, working with a skilled attorney, is key to completing probate efficiently.

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