Tri-Cities Probate Attorney

Estate administration is challenging, especially when you’re with the emotions and grief of losing a loved one. You want to manage the person’s estate to the best of your ability, and a Tri-Cities probate attorney can help.

Probate can be stressful, especially if the estate plan isn’t clear, and you have no help. The guidance of a compassionate, capable and caring probate attorney will help you:

Distribute assets as per the Will, if one exists
Understand Washington’s laws of intestacy if there is no Will
Streamline estate administration
Reduce estate taxes and potential state liens
Protect the estate from certain creditor claims
Distribute the estate per the wishes of the decedent

DO YOU NEED HELP NAVIGATING THE PROBATE PROCESS?

We can help.

ELG Estate Planning has been helping families navigate the probate process since 2006.

We serve clients in the Tri-Cities, including Pasco, Richland and West Richland, through our Kennewick office.

Fill out our form or call (509) 468-0551 to discuss probate with our helpful team members.

IS IT IMPORTANT OR WISE TO AVOID PROBATE IN WASHINGTON?

Probate can be extremely beneficial or unnecessary. With the right estate plan, the probate process should be straightforward.

You should plan on probate when it’s beneficial or necessary, but this isn’t always the case. Lack of planning and messy probates happen and, as a result, the estate administration isn’t easy for the executor to carry out their duties.

Planning to avoid probate may be the best course of action if there’s no benefit from the probate. But if you are the executor and the probate process is now, we can help.

We can help avoid an unnecessary probate through:

Estate Planning: It’s never too early to begin the estate planning process. An estate plan can put legal measures in place that allow you to transfer assets before your death and make your last wishes known. If you leave a clear plan in place, your wishes will be carried out without probate.
Wills and Trusts: A Will is one of the most basic forms of estate planning, yet less than 35% of Americans have a Will. Through a Will, assets are transferred upon your death through the probate process. Your Will names an executor of your estate, a guardian for minor children, and makes sure your last wishes are known. Trusts may also be created in a Will, or beforehand, that can hold assets and can have very specific rules that must be followed. A Will requires probate.

You may not need probate, but this will vary based on many factors that we’ll outline below.

Is Probate Necessary for Every Estate?

No, there are circumstances where you won’t need to probate. For example, if the estate has less than $100,000 in assets and no real estate is involved, an affidavit procedure may be all that’s required to settle the estate.

If there is real estate with a Transfer on Death deed, then an estate with less than $100,000 in assets can still avoid probate.

Other times when probate may not be necessary are:

Certain assets, such as life insurance policies, have named beneficiaries. These assets will transfer to the beneficiary when the policyholder dies, so they will avoid probate.
Joint property, such as a joint bank account or a home held with the right of survivorship, would also avoid any form of probate.
Assets that are put in living Trusts, which is something that you can do right now, will not be part of probate. You can even retain access to these assets, depending on the Trust, so that you can use and enjoy them until your death.
Any assets that are subject to a Community Property Agreement confirming that the surviving spouse receives all are also not part of probate.

Of course, there may be circumstances where a person’s estate may still have assets that exceed the $100,000 threshold if assets have no direction.

If you do need a Tri-Cities probate attorney, we can help. Our skillful representation can help you understand the probate process, allowing you to carry out your loved one’s wishes and protect assets in the process.

WHAT WILL A PROBATE ATTORNEY DO FOR MY FAMILY?

Probate is a legal process that involves:

Gathering assets
Paying creditors
Ensuring assets are distributed properly

While the process seems straightforward, things can easily become complicated and stressful without the help of an attorney.

For example, if the decedent died without a Will, probate likely will be necessary. In this case, Washington’s intestacy laws will apply and direct how the assets will be distributed. Even if the person’s last wishes were known, but there is no Will, they cannot be carried out if they conflict with these laws. An attorney can help your family understand how intestacy laws will affect the estate.

Whether or not there is a Will, a Tri-Cities probate attorney can simplify things and provide guidance throughout the entire process. They can assist with:

Gathering assets
Paying off debts
Handling tax issues
Ensuring your loved one’s wishes are carried out
Handling court filings
Providing personalized guidance relevant to your unique situation

A capable probate attorney will simplify to help you avoid mistakes often associated with a DIY probate, so your family can focus on what’s most important: healing.

HOW TO CHOOSE THE RIGHT TRI-CITIES PROBATE ATTORNEY NEAR YOU

The right attorney can make probate less stressful and ensure that your loved one’s wishes are carried out.

When choosing a Tri-Cities probate attorney, there are several things to consider, including:

Experience with probate. It’s important to look for an attorney who focuses on probate law and has experience relevant to your situation. Their expertise will help ensure a smooth process that’s as stress-free as possible.
Clear and responsive communication. Probate law can be complicated. Your attorney should be able to explain the process in a way that’s easy to understand. They should be responsive, happy to answer your questions and keep you informed throughout the entire process.
Client referrals and reviews. Look for an attorney with a positive reputation. Feedback from previous clients can provide you with insights into their service and performance. Ask for referrals and research the attorney’s reviews to get a better idea of the experience you can expect.
Fee structure transparency. Is the attorney upfront and transparent about their fee structure? Whether they charge hourly, a flat fee, or a percentage of the estate, it’s important to know what to expect when it comes to fees and making payments. Ask questions if something is unclear to avoid unpleasant surprises.

Additionally, you should also consider personal compatibility. Probate can take an emotional toll on you and your loved ones. It is crucial to find an attorney with whom you feel comfortable discussing personal matters. A working relationship built on respect and compassion can make the process less stressful.

HOW ELG ESTATE PLANNING CAN HELP WITH THE PROBATE PROCESS

Losing a loved one is never easy. At ELG Estate Planning we aim to make probate as smooth and stress-free as possible for your family by providing personalized and compassionate guidance.

Depending on your circumstances, probate may or may not be required. We’ll review your unique situation and help you find the best course of action for the estate.

We’re here for you no matter whether you’re in the planning stages to avoid probate or in the middle of the process.

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