probate process for mother who passed away, how do i go about finding a copy of the Will in WA state

filing a will: my mother passed away and left me her house in the will. where do i file the will at? and how do i change over the mortgage to my name?
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clara mae gaines #175997. fulton county, georgia
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Answers (3)

Christopher Trent Kunz

Christopher Trent Kunz

Contributor Level 4
If your mother's will gives you her house, it is necessary that you get the house transferred into your name through a deed. If a probate of your mother's will has commenced, the personal representative has the authority to prepare and sign a personal representative's deed transferring ownership of your mother's home to you. If probate has not been opened, the personal representative named in the will should contact an attorney to start the process. Probate is the process that allows you to "file the will" with the court. Once the property is transferred, simply contact the mortgage company. Note that you will take the property subject to the underlying mortgage. The mortgage company may require you to get a new mortgage or allow you to assume the current mortgage, it's up to them.
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Richard Wills

Richard Wills

Contributor Level 5
You are caught up in a common confusion. There is a difference between "filing a Will" & "admitting a Will to probate."

Filing means simply filing the Will with the Court, for which there is a $20 fee, but that action has no legal significance --- all that happens is that the Will gets filed with all the other documents in the Court Clerk's office.

Admitting to probate means paying a $200 fee to open a probate for the Decedent's estate, by petitioning the Court and presenting the original of the Will & your Petition to a Judge, having the Judge:
1. inspect the Will and order that it complies with WA law & is the last Will of the Decedent and
2. appoint the petitioner as the Personal Representative of the Decedent's estate.

As Mr. Kunz says, the PR may then transfer the real property by Deed to you. Once you receive the property by Deed, you may notify the lender and have it change its records to show you to be the new owner of the property for purposes of its mortgage.

Richard Wills
www.washington-probate.com
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Bruce Givner

Bruce Givner

Contributor Level 5
You file the Will in the probate court in the county in which your mother resided at the time of her death. What you wish to transfer to your name is not the mortgage, but title. The mortgage represents the debt on the property; the title is transferred by filing a deed with the county recorder's office. You will have to be appointed as the executor (executrix). So retain a competent probate attorney. Get a recommendation from a friend, business colleague - or your CPA.
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