Probate Glossary

Probate

The term probate refers to the legal process of administering a person’s estate after they pass away. An estate includes everything the deceased owned. In Washington, probate cases are filed in superior court, typically in the county where the deceased resided. While it’s possible to initiate probate without an attorney, strict legal rules and procedures must be followed, requiring the same diligence as a professional. For this reason, hiring an experienced probate attorney is often the best course of action to navigate the process effectively.

If the deceased left a Last Will and Testament, the original document is filed with the probate court for certification and admission into probate (testate). Probate involves gathering assets, paying debts, taxes, and administrative expenses, and distributing the remaining estate according to the Will or state law if no Will exists.

Initiating probate creates a legal entity called the Estate . Financial assets are typically consolidated into an Estate bank account to pay debts and later distributed to heirs.

If the Estate is solvent (assets exceed debts), the court often grants the Personal Representative

non-intervention powers. This allows them to manage and distribute assets without prior court approval, which is crucial when transferring real estate or entering agreements to sell property.

One function of the probate court is to resolve disputes regarding the distribution of estate assets. Potential heirs are notified when probate begins and may intervene if they believe the estate is being mishandled. The court also hears challenges to the validity of a Last Will and Testament.

Testate

Testate refers to probate for individuals who passed away with a valid Last Will and Testament. The Will specifies the deceased’s wishes regarding asset distribution and appoints a Personal Representative to administer the estate. The court officially appoints this representative by issuing Letters Testamentary, a document granting the authority to act on behalf of the Estate.

Intestate

Intestate refers to probate for individuals who died without a Last Will and Testament. In such cases, asset distribution is governed by Washington state law, which outlines a legal order of beneficiaries. The court appoints an Estate Administrator, whose role is similar to a Personal Representative. This person is granted authority through Letters of Administration. Typically, a spouse or close family member initiates probate and seeks appointment as the Administrator.

Personal Representative / Administrator

The Personal Representative or Administrator is appointed by the probate court to manage the orderly administration of the estate. They hold a fiduciary responsibility to the estate, ensuring debts are paid, and assets are properly distributed. This person must file an oath with the court, create an inventory of assets, and account for all estate transactions. They are also accountable to heirs and beneficiaries.

While they often work closely with an attorney to meet legal requirements, they may also consult with tax professionals to handle IRS filings and tax obligations. Personal Representatives typically receive reasonable compensation for their services.

In some cases, probate may be unnecessary, such as when assets are transferred via

Transfer on Death deeds or named beneficiaries on financial accounts. However, even when formal probate isn’t required, Washington law mandates that any original Last Will and Testament be filed with the superior court.

Will Contest

In rare cases, a beneficiary may challenge the validity of a Last Will and Testament, claiming it was improperly executed or influenced by undue pressure. These challenges, known as Will Contests, must be filed in superior court within a strict time frame—usually four months from the Will’s introduction to probate. If you believe a Will is invalid, consult an attorney immediately.

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