The Purpose Of Probate
The purpose of probate law is to administer the distribution of one’s estate and assets according their will and to pay off their creditors after they have died. While the goals of probate are universal across the states, the specific rules, laws and guidelines will differ based on where the deceased lived.
The complexity of a particular probate case will be dependent on a lot of things. If the decedent has very little property and/or leaves it to only one beneficiary, then the process is pretty straight forward if the will is not contested. On the other hand, if the estate that the deceased left behind is larger, there are a lot of assets and many beneficiaries, the case can become more complicated and require much more time to work through. In the latter case, a Washington probate attorney is nearly always necessary and other consultants may also be needed.
The probate process in Washington involves six major steps. They include the determination of an administrator, the posting of the official Notice of Creditors in a local newspaper, the Notice of Administration, the ability for creditors to make a claim, the division of the estate and assets, discharge and finally, the case is closed.
What Is The Role of The Administrator
In the majority of cases, it is wise for the administrator to hire an attorney who understands Washington’s probate law. Because this person (the administrator) is expected to be able to lawfully execute the will of the deceased, they must understand and abide by the probate statutes in Washington. An attorney will be able to provide sound counsel and guidance.
The administrator in most cases is the widowed spouse. They will typically take charge of the estate and execute their deceased spouses’ will. Because this is a time of extreme emotion, the administrator will need all of the professional support and advice that is available. Having an attorney to provide direction, handle the paperwork and lead them through the process can be a tremendous help.
Benefactors should also understand probate law and inheritance rights. This will ensure that they receive what is due to them or will allow them to file the correct motions if they believe that they are being treated unfairly. Even when a beneficiary feels like the case is being handled correctly, a common complaint involves the length of time for a probate case to go through the courts and finally be discharged. This process often takes as long as 18 months. If you know someone who has gone through the probate, they have probably shared stories about how frustrating it can be. If you find yourself waiting for money that seems like it is never going to come, you should look into an inheritance cash advance.
Washington Probate
The probate process in Washington involves:
- Filing of the will and appointment of the personal representative
- Notice of the personal representative appointment must be sent to heirs, creditors and other relevant parties.
- Determination, management, collection and selling of property and/or assets.
- The payment of taxes.
- Distribution of assets to the beneficiaries
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