After a person dies – either with or without a Will – a probate can be opened under which the person’s debts are paid, and estate assets are passed on to the appropriate heirs.
In a typical probate, the court appoints a personal representative or administrator of the estate, and issues documents known as Letters Testamentary of Letters of Administration which grant the legal authority to administer the estate.
The personal representative or administrator is tasked with marshaling the assets of the estate, providing proper notice to creditors, determining whether any creditor claims made against the estate are legitimate, paying legitimate claims where appropriate, and distributing the net assets of the estate to the rightful beneficiaries.
In Washington, an estate must publish a notice to creditors for three successive weeks in a legal newspaper published in the county in which the decedent resided at the time of death. Would be creditors are then given up to four months to properly file and serve a creditor claim. Any known creditors must also be given notice of the pendency of probate.
Because of the four month “creditor claim period,” even the simplest probates in Washington typically last at least six months. Probates for complicated estates, or for estates involved in a legal action (such as a wrongful death claim, or a Will contest) can last much longer, even years.
Legal fees are typically considered an administrative expense and paid for from the assets of the estate. Costs and fees can range from around a few thousand dollars for simple probates where all of the parties are in harmony, to several hundred thousand dollars for complex probates that involve squabbling beneficiaries.
Sometimes a probate is not necessary, such as when the estate consists of nothing but non-probate assets, or when the estate is small enough that it can be settled under processes established by state law.
Our office can help you determine whether a probate is warranted, and can assist in the administration of a probate, or with any non-probate procedures.
You can schedule a free consultation with our office by contacting us here.