The WA Probate Process

Over the years, our helpful probate attorneys have fielded many of the same probate related questions from clients. Some of the most frequently asked questions include:

• How much will it cost to talk to a lawyer? Lawyers can definitely assist in helping personal representatives with probate. Attorneys generally charge on an hourly basis for probate matters. Our firm will talk to you for one-half hour for free to see if we can help you.
• Do I always have to go through the probate process? No, there are various other methods to transfer assets depending on the type of property owned and arrangements made prior to death.
• How long does probate take? Probate usually takes six months to one year in Washington. Matters can take longer if there are estate disputes or complicated assets/debts.
• Can anyone act as administrator? The person must be of legal age and not have been convicted of a felony or certain misdemeanors.
• I am named as executor in the will so why do I have to go to court? A will only nominates you as an executor. The court has to appoint you and will then issue letters testamentary indicating your authority to act.
• When my spouse dies am I responsible to pay his/her debts? In some cases you may be, but in other cases we could advise you on circumstances where you do not have to pay their debts nor your debts.
• How do I get debts paid? Generally, you have to gather their assets and give notice to potential creditors to see what claims are filed. There is a process for paying and a timeline for cutting off creditors.
• Can I make it through the probate process without the help of an attorney? Most attorneys will work with you and the more you can do on your own the less the attorneys need to do. Many attorneys are skilled at guiding you so you can do as much work as you are comfortable doing to avoid incurring additional legal fees.
• I have a power of attorney, why cannot I settle things without the court? Powers of attorney expire on the death of the principal.
• If a decedent created a trust prior to death, do I still: (a) have to worry about probate; and, (b) need help from an attorney? Yes to both (a) and (b). If a decedent created a trust, there still may be probate issues that have to be resolved. Further, if a trust was created, an attorney might be necessary in allocating trust assets between a survivor's trust and a decedent's trust and in administrating and distributing the assets from the trust.