In the event that a loved one has passed away, we can assist you with the probate of the estate with or without a Will or Trust.
Upon the death of a loved one, their Will must be filed in the court having jurisdiction within a certain time period.
Washington State law requires that any person having custody or control of any will shall, within thirty days after he receives knowledge of the testator’s death, deliver that will to the court having jurisdiction or to the person named in the will as executor or executrix and that person must then deliver the court having jurisdiction within forty days after receiving knowledge of the testator’s death. RCW 11.20.010.
This is also done by an attorney representing the estate, along with the petition for probate.
Probate is a statutory process that commences upon filing the petition for probate and filing the original will with the court. There are very specific steps mandated by law that must be accomplished to complete the probate. From a practical perspective, probate allows for the transfer of the deceased’s assets to the named beneficiaries. For example, real property cannot be transferred to another person without a court order, appointment of personal representative, Letters Testamentary and special warranty deed. The process also entails invoking statutory time limits on creditors’ claims to the estate assets.
Probate without a Will
Do you need to probate an estate where there is no Will? In this case, the person is deemed to have died intestate and Washington State statute prescribes which persons will take the deceased’s assets.
While you are not required to commence probate when there is no Will, it is often a good idea. For example, if the deceased owned real property, probate must be commenced (by petition for adjudication of intestacy and heirship) to obtain a court order which will allow transfer of the real property to the rightful intestate heir.
We can assist you with the probate of an estate. Please feel free to contact us for a consultation. 425.943.7640.
