Losing a loved one is never easy. You have a lot of legal concerns to worry about at a time that is very challenging for you and your loved ones. Depending on the estate, there are situations where you might not even need to go through the probate process. As your Seattle probate attorney, we’ll help you:
- Determine if the estate requires probate
- Handle estate administration
- Simplify the probate process, if it’s necessary
We help ease the burden on an executor and heirs by ensuring the execution of the estate is carried out properly.
Contact us today to learn more about how we can help you through the probate process.
What Is Probate and How Does It Relate to Estate or Trust Administration?
Probate is a legal process, under Title 11 of Washington State law, that deals with settling a person’s estate after they pass away. Multiple steps must be taken in the process, including:
- Gathering the deceased’s assets
- Paying creditors
- Distributing property
If A Will Exists
If a Will exists, it is put into probate and the executor, named in a Will, is then appointed to distribute all of the person’s assets as outlined in the Will.
Drafting a Will is an important document that:
- Names an executor
- Names guardians for minor children
- Transfers assets to beneficiaries
A Will ensures the person’s wishes are in writing and the assets are distributed per their wishes. The executor of the Will must send notice to the state so that debts can be identified and claimed.
If No Will Exists
When no Will exists, intestacy laws are used for inheritance. Intestacy is the legal term for what happens to someone’s estate (or property) if they die without a Will.
While a Will gives the deceased the ability to distribute their property as they wish, intestacy laws are set by the state. The deceased will have no say in how their property is distributed.
The intestacy rules in Washington are similar to those in other states. Property is distributed to the deceased’s closest relatives.
If There is a Surviving Spouse
Washington’s law of intestate succession dictates that a surviving spouse or domestic partner will receive the following:
- The entire share of the community estate; and
- One-half of the separate estate if there are surviving children or grandchildren; or
- Three-quarters of the separate estate if there are no surviving children or grandchildren, but there are surviving parents or siblings; or
- All of the separate estate if there are no surviving children, grandchildren, parents or siblings.
Community property refers to any property or asset that was acquired during marriage. Property that was acquired before marriage maybe considered separate, and a portion will be distributed to any surviving children, parents or siblings.
If There is No Surviving Spouse
In cases where there is no surviving spouse, property will be distributed as follows:
- The estate will be divided in equal shares amongst surviving children and deceased children’s issue. There are special rules relating to children (see the section below).
- If there are no surviving children or issue, the decedent’s parents will inherit the entire estate.
- If there are no surviving children or parents, the estate will be distributed amongst siblings, and if a sibling is deceased, nieces and nephews.
- If there are no surviving children or parents, siblings, nieces or nephews, the estate will be inherited by the grandparents.
- In case there are no surviving grandparents, the estate will go to their issue (uncles, aunts, cousins, etc.)
If there are no immediate or distant relatives to inherit, the estate may go to step-children in certain situations; otherwise to the state.
Rules Relating to Children
If the deceased has special parent-child situations, they must also be governed properly. For example:
- Adopted children: These children will be treated in the same regard as biological children, but they lose the right to their natural parent’s estate when parental rights are terminated.
- Foster children: A foster child who is not adopted will not have a right to an intestate share.
A Will helps estates avoid intestacy laws so that a person’s assets are distributed as they see fit.
When is Probate Not Necessary?
In some circumstances, you may not need to go through probate at all. A few examples of this, which a Seattle probate attorney can help you identify, are:
- Estates that have less than $100,000 in assets if the decedent does not have real property in his or her name.
- Any assets that are within a Community Project Agreement may not be subject to probate.
- Property that is held with joint tenancy with right of survivorship.
- Any assets that have a beneficiary designation, such as a retirement account.
If a beneficiary is listed on the account, the account will not go into probate.
Assets put into a trust while a person is alive can also avoid probate. We help our clients create trusts that have certain goals, with a revocable living trust being a common choice.
The trust will then go to the Successor Trustee, who will manage and distribute the assets per the terms of the trust without the necessity of probate.
How Is Probate Different in Washington Than Other States?
In Washington State, probate differs in a few ways:
- A non-intervention probate option is available to most estates
- The state does not require probate by law
Although probate may not be required by law, it can be a helpful tool that can be used to carry out your last wishes. Probate can be especially beneficial if you have a complicated estate or need creditor protection.
Under the current Medicaid rules, probate is also required to protect assets for the surviving spouse.
Fortunately, Washington’s probate process is easier and more efficient than other states. Where probate provides a benefit, it is worthwhile and not something to be feared.
What Aspects of the Probate Process Can ELG Estate Planning Help With?
We know that the probate process can be overwhelming and confusing. Having an experienced Seattle probate attorney on your side can make all the difference.
Our experienced team can assist with many aspects of the probate process to make it as simple and stress-free as possible. We can help:
- Ensure your wishes are carried out
- Pay off debts to protect your estate from unnecessary creditor claims
- Protect and gather assets
- Ensure your family is provided for after your passing
- Minimize or eliminate State liens and estate taxes
We can also help you avoid probate when it is unnecessary or not beneficial for your estate.
How To Choose the Best Seattle Probate Attorney Near You
Probate doesn’t have to be complicated or stressful. A Seattle probate attorney can help you navigate every step, answer your questions and put your mind at ease.
Finding the right legal professional is key. A few important qualifications to consider include:
- Experience with probate law. Attorneys who often focus on probate will understand the probate process, common challenges that may arise and how to make the process as stress-free as possible.
- Excellent communication skills. Legal jargon can be complicated and confusing. Your attorney should be able to explain things in a way that’s easy to understand.
- Compassionate and caring. Your attorney should be someone who is passionate about helping clients and guiding them through this difficult time.
At ELG Estate Planning, compassion and respect drive everything we do for our clients. We understand that this is a difficult time, and we are here to provide compassionate, personalized guidance.
Contact us to schedule a consultation or to learn more about our services.