Probate Question

Elizabeth Rankin Powell

Sorry to hear about your loss. When everybody is thinking again, and has dealt with their initial grief, make an appointment with a local probate attorney and take the will with you. The value of the estate is such that it may well have to go through probate (>100K) whether the estate includes real property or not. If there is real property, it would depend on what the will says and what the deed says.

That said, Washington is a community property state, and it is possible for one spouse to take the property of the marital community without a probate proceeding. However, with this much estate at issue, it would be completely irresponsible to advise you to skip the probate process on the basis of this email! Your mother in law is going to benefit from a consultation with a probate attorney no matter what.

Probate in Washington with a properly executed will is very simple. An attorney who practices in this area of law can have the matter filed in just a few days. The death certificate and the will are filed with the Court, and a hearing is set (or if there is agreement, this can be done ex parte) for the Court to appoint the personal representative and direct the clerk to issue letters testamentary.

It is typical to give notice to creditors via publication. This allows a four-month period for creditors to notify the estate that there are claims. Sometimes, there is a claim from DSHS. Any claims will be paid from the estate.

When the notice period has run, the probate can be closed by notice. It doesn't get a lot simpler. I hope this helps, but I also want to be clear that this is not self-help law, and your family would avoid adverse consequences by finding and retaining an attorney to review the documents and advise you personally. The internet is great, up to a point, but its advantages stop about here.

Elizabeth Powell

Richard Wills

Dear Federal Way,
I regret that you're going to receive a typical lawyer's "two-handed" answer. On the one hand, you could record what's known as a "Lack of Probate Affidavit," which should allow a title insurance company to issue title insurance on any real property in the estate, so that it could eventually be sold. On the other hand, if the estate contains cash or securities worth more than $100,000, chances are the bank or brokerage is going to require your to present Letters to access the funds. Furthermore, while the Lack of Probate Affidavit may work for a title insurance company, without probating the estate, the chain of title for any parcel of real property may be broken, resulting in the property having a cloud on its title. All in all, I would recommend that you petition the Court to admit the Will and appoint a Personal Representative --- that is, begin a probate. I offer to probate an estate from $595 + Court costs at www.washington-probate.com. Alternatively, free instructions & forms are available at www.wa-probate.com
Sincerely,
Richard Wills, WSBA 19720

James Whittingham Spencer

I agree with Mr. Wills, who, by the way, has about the best self-help probate web site ANYWHERE and it is FREE (see his post below). Depending upon the size and complexity of the estate, you may find that you are able to handle the probate process without an attorney just fine.

I do believe, however, that the cost of paying an attorney to handle the probate for you is far outweighed by the peace of mind provided by knowing that a professional is handling the technical legal end for you while you and your family can take whatever time you need to grieve.