As the responsible one in your family, you’ve been tasked with wrapping up the earthly affairs of your loved one. While you have always handled this type of thing, you don’t have to do it alone.
Did you know that if you are in possession of your loved one’s will, you have 30 days to file it after they’ve died? For most of us, that is the last thing you are worried about when you’ve lost someone you’ve loved.
Probate is the legal process that divides assets according to a loved one’s will. At Pacific Northwest Family Law our team of trust and probate attorneys take the worry and burden off your shoulders, so you can focus on remembering the good times and bad as you say goodbye.
Washington probate law is simple but that doesn’t mean it’s easy or that your family isn’t complex. Allow your best self to shine through as you heroically administer the estate.
How Do You Know If You Need a Probate Attorney?
Not everyone needs an attorney and not every estate needs to be probated.
Probate is necessary if your loved one has left property that must be transferred to his or her heirs. This property usually would take the form of a house, cars, collectables, bank accounts, and other property that must be registered with the state.
It is also necessary to probate if the total assets of the state are taxable because this avoids heirs having to explain to the IRS where their income came from. Estates that are worth over $2,000,000 may need to report and pay taxes to avoid heirs paying these same taxes at a higher rate.
Some property does not need to to through probate. Property that is held in a trust, is title with a transfer on death deed, is jointly owned, life insurance, retirement accounts, or is community property may not need to go through probate.
There is even a simplified probate process if the estate is valued at under $100,000 that will allow you to cut costs and time while still making sure everything is properly handled.
You need an attorney if you haven’t dealt with the court before, don’t want to deal with the court, don’t want to spend time figuring out how to deal with the court, or are looking at an estate that has no property that needs to be transferred.
Of course, if you like to face the legal system and navigate bureaucracy, we commend you for it. There are many free resources made available by the Washington State Bar Association as well as local county courts which, by the way, all have their own local rules that you must obey. You have probably come across these resources already.
If you do decide you need an attorney, please give us a call and talk to our expert team of firm ambassadors who will will you decide if Pacific Northwest Family Law is right for you.
What Does a PNW Family Law probate attorney handle?
At Pacific Northwest Family Law our probate attorneys can handle all aspects of the probate process. That means we can do the following:
- Filing the Will and starting the process
- Estate and Probate Administration
- Notices to Debtors and Creditors
- Navigating probate proceedings
- Contesting or defending a will
- Letters testamentary
- Identify community property
- Challenge the appointment of guardians, personal representatives, or trustees
- Establishing a trust
- Handling charitable contributions
- Transferring titles
- Business succession
- Mediation
The probate attorneys in Washington who work at PNW Family Law make sure that the trust your loved one placed in you is not unfounded. Whatever legal issue arises, we’ll help you find the solution whether in probate court or outside it, we’ll help you find the answer.
And while not every estate runs into problems with the probate process, you’ll be glad that you came to use to get everything on the right track. Better yet, start the probate process with PNW Family Law to avoid problems with the probate process.
With legal advice from Pacific Northwest Family Law, you’ll be well on your way to resolving your probate matter. Schedule your case evaluation today to get started hiring your probate attorney at PNW Family Law.
Can PNW Family Law help you probate an estate without a will?
Absolutely, if your loved one did not leave a will, the government has already determined how property will be divided.
This process is called intestacy. Depending on the size of the estate, this can be a complex or simple process.
If there are minor children who are left without parents, its important to start the process as soon as possible to make sure the proper guardianships and trusts are set up for their benefits.
Otherwise, the intestacy laws allow for inheritance of property to a surviving spouse, then to children and grandchildren. And if the person who has passed has none of these, inheritance will go to parents and siblings.
If you need to probate an estate that does not have an estate plan, we can help identify heirs, notify creditors, and transfer property.
Contact us for your case evaluation now so that there is no delay in getting things taken care of.
PNW Family Law Can Help You Administer A Washington State Trust
If your loved one planned ahead and created a living trust or irrevocable trust, we can help make sure it is administered correctly.
Many trusts are set up with loved ones as trustees rather than using a professional trustee. That means that you or someone you know must now administer the trust and follow all of the rules as set forth in the trust documents.
A trustee may be liable for violating the terms of the trust, failing to file taxes, self-dealing, or otherwise misusing trust assets. And oftentimes this is done out of mistake or ignorance.
If you are now faced with managing a trust for the first time, we can help you navigate the ins and outs.
By the way, most trusts allow you to hire an attorney to advise on the trust administration so you may be reimbursed for reasonable attorneys fees. Make sure you ask about this when you first meet with an attorney.
Dealing with Creditors and Beneficiaries
The most demanding part of estate administration, whether you are handling a will, intestacy, or a trust is making sure creditors are notified, paid, and otherwise taken care of.
Creditors can be tough, unreasonable, and unfriendly. Of course, so can your attorney. More so. That’s why people from Seattle to Spokane trust PNW Family Law to take care of things for them.
Beneficiaries can also be difficult. When a loved one dies, there are a slew of emotions that you have to manage. Not only will you be mourning your loss, but so will everyone associated with your shared loved one.
Mom’s funeral can quickly turn into a vent session where pent up emotions are magnified and exaggerated, causing rifts. Meanwhile, you still have to divide the property according to how she wanted it done. And that can sometimes be difficult if
Contesting a Will in Washington State
PNW Family Law attorneys can also help you determine whether there is a reason to contest will in Washington State.
A will can be contested when either the will was created improperly, is not administered according to the terms of the will, or contradicts Washington State laws.
To contest a will, you will typically need to file a petition with the probate court, stating your reasons for contesting the will. You will also need to provide evidence to support your claims, such as witnesses who can attest to the decedent’s intentions or documentation that shows errors or fraud in the creation of the will.
It is important to consult with an experienced estate planning attorney if you are considering contesting a will, as these cases can be complex and challenging to navigate. An attorney can help you understand your rights and options, gather the necessary evidence, and present your case effectively in court.
Keep in mind that will contests can be emotionally and financially draining, so it is important to carefully weigh the potential benefits and risks before moving forward with legal action. In some cases, alternative dispute resolution methods such as mediation or negotiation may be a more efficient and cost-effective way to resolve conflicts over a will.
Contact Pacific Northwest Family Law Now To Get Started with the Probate Process
Contact Pacific Northwest Family Law Now to get started with the probate process. Dealing with a probate case can be overwhelming, but having a knowledgeable probate attorney on your side can make the process much smoother.
Whether you need assistance with probate administration, a will contest, probate, or estate administration, our law firm has experienced probate attorneys ready to help. With PNW Family Law on your side, you can navigate through estate tax, estate planning and probate, and power of attorney issues with ease.
Our team of attorneys in Bellevue, Olympia, TriCities, Spokane, Yakima or Walla Walla, have decades of experience managing legal challenges related to estate and probate law.
Probate FAQ
Q: What is probate and why is it important?
A: Probate is the legal process of administering a deceased person’s estate. It involves proving the validity of a will, appointing an executor, and distributing assets to beneficiaries. It is important because it ensures that the deceased’s wishes are carried out and debts are settled.
Q: How can a probate attorney help me?
A: A probate attorney can guide you through the probate process, help you understand complex legal documents, represent you in court proceedings, and ensure that all legal requirements are met.
Q: What is the role of a personal representative or executor in probate?
A: A personal representative (also known in other states as an executor) is responsible for managing the deceased person’s estate, including gathering assets, paying debts, filing taxes, and distributing property to beneficiaries according to the will or state laws.
Q: Do I need a probate attorney in Washington state?
A: If you are dealing with a complex estate, multiple beneficiaries, disputes among heirs, or if the deceased did not leave a will, it is advisable to seek the expertise of a probate attorney in Washington state.
Q: What is the probate process in Washington state?
A: The probate process in Washington involves filing a petition in court, inventorying assets, notifying creditors and beneficiaries, paying debts and taxes, distributing assets, and filing a final report with the court.
Q: What should I do if I am a beneficiary or creditor in a probate case?
A: As a beneficiary, you have the right to receive your inheritance. As a creditor, you can file a claim against the estate to collect any debts owed to you. Consulting with a probate attorney can help you navigate your rights and options.