Everett Probate Lawyers
Probate Lawyers Serving Everett, WA
It’s hard to tackle thorny legal issues after a family member’s death. Unfortunately, the Washington probate process doesn’t account for a family’s grief in these moments. There are crucial deadlines to meet, taxes to pay, debts to settle, and other complex legal issues to deal with. Additionally, any errors during the probate process could have severe effects on your family’s financial future. A probate lawyer serving Everett, WA, is your best guide through this legal maze.
As Washington probate lawyers, the team at ELG Estate Planning is here to make this process easier. Our probate attorneys serving Everett have extensive experience with probate and can guide you through the process. Estate planning and elder law are the core of our practice, and this in-depth experience makes us well-equipped to handle estate administration. Call now or complete our contact form for a consultation.
Take a behind-the-scenes look at our ELG Estate Planning Seattle office and meet the incredible team behind the work. From your first consultation to finalizing your plan, we’re here to provide thoughtful guidance every step of the way.
What Is Probate?
Probate is the legal process of managing and distributing a deceased person’s estate after their death. This process helps ensure that the deceased’s assets pay for outstanding valid debts and that necessary taxes are paid. Probate also helps ensure that the deceased’s assets are distributed according to their Will or Washington laws of intestacy if there is no Will. Having a clear structure to handle the details of an estate protects the deceased’s beneficiaries.
Do All Everett Estates Have to Go Through Probate?
No, not all estates in Everett must go through probate. Estates valued at $100,000 or less may qualify for a simplified process instead of formal probate, as outlined in Washington law.
For small estates, heirs or successors can use an affidavit to claim the deceased’s assets without involving the court. At least 40 days must have passed since the decedent’s death. The affidavit must state that the estate qualifies under the $100,000 threshold, that all debts have been paid, and that no probate petition is pending. The affidavit allows the transfer of assets directly to the heirs or beneficiaries. This process is designed to save time and reduce expenses for small estates. However, it applies only to personal property, not real estate. For larger estates or those with disputes, the formal probate process is required to ensure proper asset distribution under state law.
Steps in the Everett, WA, Probate Process
The probate process in Washington State involves several important steps. Here’s a straightforward explanation of how it typically works:
Filing the Will (if one exists) – The process begins by filing the deceased’s Will with the local probate court, along with a petition to open probate. If no Will exists, probate still proceeds, but the estate is distributed under Washington’s intestacy laws.
Appointing a Personal Representative – The court appoints a personal representative (sometimes called an executor) to manage the estate. If the Will names a personal representative, the court typically honors that choice unless there’s a valid objection. If the deceased didn’t name a personal representative, the court will appoint someone, typically a close family member.
Identifying, Inventorying, and Valuing Assets – The personal representative gathers all the deceased’s assets, including real estate, bank accounts, investments, and personal property. A valuation is made to determine their value. The personal representative will identify any debts or liens against the estate and sign a completed inventory. Typically the inventory is not filed with the court unless a request is made by a creditor or other person who has a right to request it..
Notifying Creditors – The personal representative, through their attorney, provides notice to creditors, allowing them to submit claims against the estate. This step involves publishing a notice in a local newspaper and directly notifying known creditors.
Paying Debts and Taxes – The representative uses estate funds to pay off valid debts, including taxes. This step helps ensure creditors are satisfied (paid) before the estate is distributed. Priority is given to funeral expenses, estate administration costs, and taxes.
Distributing Assets – Once debts and taxes are settled, the remaining assets are distributed to beneficiaries according to the Will. If no Will exists, the assets are distributed to heirs according to Washington’s intestacy laws.
Closing the Estate – Lastly, the personal representative submits a Declaration of Completion of their duties and the probate is concluded.
Common Probate Issues We Can Help With Versus Litigation
Common questions arise during probate and we guide you through the process.
However, where a dispute arise over the validity of a Will, litigation is likely. If that were to occur, ELG will refer you to a litigation attorney.
Creditors sometimes file questionable claims against an estate. We can help review these claims, challenge invalid ones, and ensure legitimate debts are properly addressed. If assets are difficult to locate or their value is unclear, we can assist you with identifying, inventorying, and appraising the estate’s property to prevent delays.
Finally, family disagreements may surface during probate, especially over asset distribution, often an item of personal property. We guide the personal representative on the best way to resolve the issue. Tax filings typically require the services of a CPA and we work with the accounting professional to ensure the personal representative has carried out their duties. Simply put, our probate experience can ease your burden.
Contact Our Probate Attorneys Serving Everett, WA Now
Immediately after someone has passed, we counsel our clients to take some time to grieve. Within a few weeks or month of the death, probate is typically started. Delaying too long yields bad results and creates possible problems, just like mistakes during the process could have drastic financial repercussions. Our probate lawyers serving Everett, WA, are here to simplify the probate process and protect your interests. Call ELG Estate Planning now or reach out online for a consultation.
If you’d like to know more about how we can help you with probate issues, we’re happy to discuss your situation at any of our three Washington locations. Our office closest to Everett is in Seattle at 9725 3rd Ave. NE, Suite 600.
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