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I completed the forms on a Thursday night and went down to the King County Superior Court on a Friday morning and by lunchtime I had successfully completed the process.” – King County, “My Dad died last month, and your site has provided me with a wealth of information. Property subject to a valid Community Property Agreement, transferable to Decedent’s surviving spouse. When we have our initial consultation with clients inquiring about probate, we always go over the basics of how the process works and what the responsibilities of a personal representative entail. Probate takes place in in Superior Courts of each county across Washington State. Without a Will to prove or a named Personal Representative to appoint, the Court turns not to the terms of a Will but, instead, to State law and: Petition for Probate of Will & Letters of Administration With Will Annexed is filed, and an Administrator With Will Annexed is appointed: And to complete the picture:  What happens if Decedent has a valid Will, naming a Personal Representative who is able and willing to serve, but all Decedent’s Beneficiaries predecease the Decedent? It involves making an application that proves that the will maker is deceased, their will is valid, and the person who is making the application is the executor. The Personal Representative is a named “Executor(trix),” but. Appoint a Personal Representative for Decedent’s estate. To admit the copy of the will, you have to overcome this presumption with clear, cogent and convincing evidence that the testator did not want the will revoked and that the copy is a true copy of the original. Wills & Probate. Even though I hired a Paralegal with a rusty background, your site has guided both of us through this uncertain territory and everything is going very well. Thank you so very much for taking the time and effort to put the site together; it is a fabulous resource for those of us who are self-helpers.” – Yakima County, “Thank you for saving me an enormous amount of aggravation and hassle. Appraiser’s fees: Hiring an appraiser is not likely necessary. Even if you do not start a probate, you must file the original Will with the Court for safekeeping. Court fees and two letters testamentary cost $250. All the forms that you need for a simple application for probate. An extension to file does not give an estate an extension to pay. . A “Testate” Decedent, having a “Testate” Estate, An “Intestate” Decedent, having an “Intestate” Estate, Personal Representative Appointed according to Priority List in State Statute, Distributees are “Heirs” or “Heirs-at-Law”. I’ve filed my initial petitions without a hitch and expect the rest to go as you’ve described. Sidebar:  As a comparison, many states provide by law for the amount of commissions or fees to be based on the value of the estate. Common issues that are addressed in the probate process include transferring assets to beneficiaries, paying the debts of the estate, establishing the validity of a will, 1 and paying any taxes that may be due. As for the assets that remain, the Beneficiaries and Heirs will receive clear title, assured that no creditor should be able thereafter to successfully pursue a claim against an asset to satisfy any of Decedent’s remaining unpaid debts. Please read through the pages before starting an application with Court. Whether to spend your time and effort planning to avoid probate depends on a number of factors, most notably your age, your health, and your wealth. Many estates could close sooner than 4 to 6 months after date of death. The executor named in … What is the difference between “testate” and “intestate”? December 29, 2020. To learn how Probate Attorneys of Washington can help guide you through the probate process, call 360-362-0857 and set up a consultation. Olympia WA 98504-7474. are sometimes called “Will substitutes.”. Listed below are answers to the questions we hear most often. Conveyancing Lawyers. Armed with information and all the needed forms from your website, we were able to conduct our business in an hour of only mild confusion rather than being totally lost and frustrated.” – King County, “My brother recently passed away leaving an intestate estate slightly in excess of $200K despite my frequent urging for a Will. Please read the information in the FAQ section of the Supreme Court website before completing the online application. A neutral, third-party (a Judge) who can: Ensure that it is proceeding according to law, and. probated v past verb, past simple: Past tense--for example, "He saw the man." Decedent’s home, as to his/her one-half interest in community property. You can get started for free with our EZ-Probate questionnaire. Individuals commonly store their wills in safe deposit boxes, file cabinets and home safes. It is important to obtain the original will and not a photocopy. Types of grants The type of grant required will depend on whether the deceased left a valid will and if so, the terms of the will, … Probate in Western Australia is governed by the Administration Act 1903 (WA). Many estates don’t need third-party oversight. Grant of probate A grant of probate is permission from the Supreme Court of WA for an executor to carry out the terms of a deceased's will. Make the check payable to: Washington State Department of Revenue. Lawyer’s fees:  A lawyer is not required to be engaged. I’m getting ready to close a probate on Camano Island pretty much without any problems thanks to your great website.” – Island County, “My mother died in February and the lawyer who had drafted her will had also died. The home state (“domiciliary”) probate covers all of the Decedent’s personal property but only so much of Decedent’s real property as is located within that state. If you have been called on to settle the affairs of someone that has recently passed, we can guide you through the probate process at a reasonable rate. Beneficiaries’ and Heirs’ desires to receive estate assets having clear title. Step 1: Open probate. A fee will sometimes need to be paid to person managing the probate, which is usually a percentage of the probate estate, for example, 2%. Documents required for a probate application in Western Australia include: Motion for a Grant of Probate; “My dad passed away recently and his estate is just north of the small estate amount. Probate is necessarily a public process, and many Heirs and Beneficiaries would prefer that the process be private. Inflections of 'probate' (v): (⇒ conjugate) probates v 3rd person singular probating v pres p verb, present participle: -ing verb used descriptively or to form progressive verb--for example, "a singing bird," "It is singing." The last thing you need to worry about is the step-by-step of probate. If you do not have the original will and only have a copy, the court will presume that the testator wanted the will revoked. A key time component is the four-month creditor claim period that begins once the personal representative is appointed. "She laughed." The Testator/trix was legally competent to make a Will: The Will was made under lawful circumstances: Witnessed by at least two competent witnesses who subscribed their names to the Will while in the presence of the Testator/trix at his/her request, and. Contact Us; Should I File a Probate in the State of WA? However, you should be aware that it can and frequently does takes far longer. What benefits does it provide? Also includes … During probate, the following occurs: the probate court receives a copy of the decedents will, probate assets are identified and inventoried, contact is made with heirs, beneficiaries, and creditors, and debts and taxes are paid. California, one such state, provides as follows: All of the foregoing disadvantages of probate (and more) may be remedied through the use of a revocable living trust as the vehicle for one’s estate plans. If you’ve never been an executor or even inherited before, you probably have a lot of questions, which is why we dedicated this blog to frequently-asked questions about probate in New York. A Petition for Probate of Will & Letters Testamentary is filed, and an Executor(trix) is appointed: Letters are the document issued by the Court, evidencing its appointment of the Personal Representative: Letters are obtained by filing a Petition with the Court and having the Court open a probate for the Decedent, ie: The only assets that are subject to probate (Decedent’s “probate assets”) are those held in Decedent’s name without designated beneficiaries (other than his/her estate) on death. Probate means “to prove,” from the Latin verb “probare.”. That depends on whether the Personal Representative wants to take advantage of the Washington statutory Creditor’s Claim law. The probate process can take as short as five months but often takes longer. A: The duration of the probate process is subject to lots of different variables, but a general rule of thumb is approximately six months. In practice, this means that a person is appointed by the court (a “personal representative”) to step into the decedent’s shoes and wind up his or her affairs. Decedent’s IRA or a Keogh Plan for his/her benefit and whose named beneficiary upon his/her death is his/her estate. Sidebar:  What happens if Decedent has a valid Will but none of those named is able or willing to serve as Personal Representative? Typically 6 months or less is quick, 6-9 months is more usual, and 9-12 months is common where you have a more relaxed PR, a more complex or problematical estate, or if an estate tax return is due (eg, why pay a tax before it is due?). I just wanted you to know that what you are doing matters a great deal.” – Kitsap County, “My wife and I have just finished the “walk it through the court” initiation of a probate of my mother-in-law’s estate. In Washington, the probate laws do not always require a probate proceeding to be filed following death, regardless of whether the decedent died with or without a valid will. The Superior Court usually in the county in which the Decedent resided at death. What’s the probate process, simply & generally? The last step in the probate process is the distribution of probate assets. Thank you very much for the tremendous effort you expended in developing the probate website.” – King County (Kent), “Thank you so very much for distributing the probate forms and basic information to help me navigate the probate path as a pro se litigant in a solvent testate estate. What is the Washington statutory Creditor’s Claim law? Probate makes sense only if your estate will have complicated problems, such as many debts that can't easily be paid from the property you leave. What is being proved to the Court is that the Personal Representative (in other states, called the “Executor” (male) or “Executrix” (female)) that Decedent nominated in the Will can be appointed by the Court and authorized to carry out Decedent’s desires, as expressed in the provisions of his/her Will: In summary: To ensure that Decedent’s bills are paid and Decedent’s property is accounted for, transferred to, and retitled in the names of Decedent’s Beneficiaries. Decedent’s securities account, transferable on death (“TOD”) to Decedent’s Trustee. . Probate kit - Word templates - easy to edit, simple to complete fields with instructions. Your website and some outstanding people at the King County Regional Justice Center, in Kent, were extremely helpful in allowing me to accomplish this with a minimum of lost effort. A life insurance policy owned by Decedent on his/her life and whose named beneficiary is his/her estate. 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