Probate

What is Probate?

Probate is a legal process that takes place after someone dies. It can occur whether there is a Will (testate) or if there is no Will (intestate). It usually includes:

Proving in court that the Will is valid (usually a routine matter);
Identifying and inventorying the deceased person’s property (both real and personal);
Having the property appraised (valued);
Paying the deceased person’s debts and taxes;
Distributing the remaining property as the will (or state law, if there’s no will) directs.
Typically, probate involves filing of paperwork and court appearances by the Personal Representative or Administrator of the Estate with the help of lawyers. The lawyer’s fees and court fees are paid from Estate property, along with other Estate debts prior to distributing the remaining property to the heirs.

Washington State law does require filing of the Will.

Washington law DOES REQUIRE any last Will of a deceased Washington Resident to be filed promptly following death. Regardless of whether or not the deceased person’s estate is probated, the Will should be filed within 40 Days of the person’s death in the county they resided in at the time of death.

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