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Do I Need To Do A Probate?

10/4/2017

13 Comments

 
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When someone you love has  just died, figuring out what you need to do to wrap up their financial affairs can be daunting to consider. One of the first questions may people ask is “Do I need to do a probate?”  Probate is one of the main ways to handle property after a person’s death.  Many people are scared of probate, having heard horror stories from family and friends.  But in Washington probate is not as complex or expensive as it is in many states and with the right help can usually be completed relatively quickly and without huge cost.  But probate also isn’t always needed.
 
In Washington State,  if someone leaves behind more than $100,000 in assets when they die and those assets do not already named beneficiaries through jointly held accounts, Transfer-on-Death, or Payable-On-Death structuring, then you’ll likely need a probate. Also, If the estate contains real estate it will likely need to go through probate, unless the property was held titled as “Joint Ownership with Right of Survivorship” or as community property with right of survivorship. Even if the Estate is small in value and doesn’t contain real estate, it may be beneifical to do a probate anyways.  For example, if someone had a lot of debts and it seems it would be overwhelming to deal with them all, court oversight and the official timelines provided by a probate, may be useful and that would be another reason to conduct a probate of the estate. Also, if the individual was already involved in any legal disputes or if someone else is responsible for their death, probate may be the only way to resolve those issues. 
 
Knowing the legal impact of how assets are titled and/or whether pending issues make probate necessary can be difficult to determine.  At Phinney Estate Law we recommend that everyone facing a death get legal advice to help them determine whether they need to do a probate before acting on any assumptions they may have. We offer a free ½ hour consultation for potential probate clients at Phinney Estate Law and can often provide that advice within that time. 
 
To maximize the benefits of that consultation we recommend that clients come to that meeting with the following: 
  • copies of any wills, trusts, or community property agreements the deceased person created during their life
  • copies of any deeds, bank statements, investment statements
  • car titles you can find
  • notes about any debts or other assets you know they have and unfinished business going on in their lives at their time of death. 

We recommend that you call any institutions or banks where the deceased person had accounts and ask them to tell you how those accounts were titled and if they had beneficiaries.  Often they may not be able to answer your questions, if you have not yet opened a probate and that is okay.  But knowing and much as you can, including what they won’t tell you without your opening a probate can very helpful.  We recommend you write all the information you learn down word for word and bring it with you as grief can play tricks on your memory especially if you are feeling stressed.
 
Even if probate is not necessary, you may need to do legal process, such as a small affidavit process, a trust administration, or a beneficiary claim.  A consultation can help you determine that as well. 

Regardless of what process you end up needing to complete, anyone who has a deceased person’s will has 40 days in which to file it with the court.  You don’t need to open up a probate that quickly but if you are going to do so, it makes sense to do that at the same time.  That is also generally a good deadline to set for yourself for figuring out what process you are going to go through and staring it.  To make that work you should plan on trying to set up a consultation within 30 days of the person’s death if possible.

To learn more about Probates read the next post in this series.
13 Comments
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9/24/2018 07:30:09 am

We advocate that you simply decision any establishments or banks wherever the deceased had accounts and raise them to inform you the way those accounts were titled and if that they had beneficiaries. usually they will not be ready to answer your queries, if you've got not nevertheless opened a probate which is okay.

Reply
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8/11/2019 07:41:31 pm

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Bryson M link
12/31/2020 03:17:04 pm

I enjoyed reading your blog, thanks.

Reply
John Carston link
11/30/2021 03:29:49 pm

I like how you mentioned that it’s important for every family to know the legal impact of how assets are titled. My cousin mentioned to me last night that he is planning to start his probate proceeding for their real estate and asked if I have any idea what is the best option to do. Thanks to this informative article and I'll be sure to tell him that it will be much better if he consults trusted probate real estate company as they can answer all his inquiries and will help him with all his needs throughout the process.

Reply
Jeff Carbine link
12/29/2021 08:52:00 pm

I never knew that probate is one of the main ways to handle property after a person’s death. I have no idea about it but now I think I do, it is really a good article. Thank you for the information about estates and probate law.

Reply
Victoria Addington link
5/10/2022 06:42:09 am

Thank you for letting me know that bringing a copy of the wills can maximize your consultation with an attorney. My friend's family is having a hard time dealing with the will of their loved ones. I think they should seek assistance from a lawyer with specialization in their case.

Reply
Jesse Ford link
6/29/2022 08:38:17 am

Thanks for the advice on what to bring to the initial consultation. My father just passed away and his assets may need to go through probate. I'll be sure to bring the copy of his will that he gave me.

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Iris Smith link
10/25/2022 06:43:57 pm

Thank you for including information in your notes regarding any assets, debts, and unfinished business from the deceased person's life that you are aware of. The father of my friend has gone away. She must find a wills attorney who can assist her. I'll advise her to keep track of whatever debt her father owes and to let the lawyer know.

Reply
Braden Bills link
11/14/2022 06:37:41 am

My dad recently passed away, and I'm not sure what to do about it. It makes sense that I would want to ensure that we get the probate figured out correctly. It makes sense that working with a lawyer would be a good idea.

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Mia Evans link
11/21/2022 08:11:45 pm

Thanks for helping me understand that probate is done when assets don't have beneficiaries when the owner dies. In that case, it would be helpful for my friend to hire a probate lawyer, because it seems like her dad was not able to create a will and testament. She's the only child so I hope that the process will not be that long and difficult.

Reply
Jessie Holloway link
12/21/2022 01:28:19 pm

Thanks so much for talking about how probate goes through the assets of a loved one that doesn't have named beneficiaries. My partner's grandpa recently passed and his will wasn't up to date with all of his assets. They've been looking into what needs to be distributed and how it will be, so they've been trying to find a lawyer to help them all through the probate process.

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Steve Smith link
1/20/2023 09:27:24 pm

I'm glad you talked that ensuring having a proper title document could avoid having misunderstandings. The other night, my brother mentioned that he was planning to start estate planning for his assets to be secured. He asked if I had any idea what would be the best option for consulting a lawyer. You did a great job explaining the importance of planning. I'll tell him it will be much better if he consults an estate administration law service as they can provide legal assistance.

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Millie Hue link
2/10/2023 10:22:58 pm

I appreciate when you said that you have to be aware of the legal impact of pending issues in your assets because it will affect your probate. I guess it is better to have a probate attorney to assist my mom regarding the properties of my grandmother. She just was not able to create a will and testament because of being comatose for years before she passed away last year which is why there is no clear idea how to make of ther belongings.

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    This Blog is written by Seattle Attorneys Jamie Clausen & Michael Ballnik.
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