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Probates and Trusts

What is Probate?
Probate is a court directed or court supervised procedure for transferring the property and paying the debts of a deceased person.  This process is frequently referred to as "administering the probate estate".  If there is a Will (testate estate), then the property is transferred according to the terms of the Will.  If there is no Will (intestate estate), the law determines who is entitled to receive the decedent's property.

Who administers the estate?
"Personal Representative" or "Administrator" is the term used for the person appointed to administer the probate estate.  The personal representative will usually be the person named in the Will.  Where there is no Will or that person or alternate persons cannot or will not serve, the court appoints a suitably qualified person such as the surviving spouse, family member or other qualified person to act as administrator of the estate.

Is probate always necessary?
Not always.  In some instances, probate may be avoided.  This may occur if there is a trust, the assets are transferred by beneficiary designation, or there is a relatively small estate.  However, probate is usually only avoided by proper planning.  It is important to note that while a probate may not be necessary, some other legal action will generally be required.  It is also important to note that in some instances the costs and taxes incurred by beneficiaries can increase dramatically if improper planning techniques were utilized in an attempt to avoid probate. 

Is probate complicated?
The probate Code in the State of Washington has been greatly simplified in recent years. With these changes, the time and expense of the probate process have been significantly reduced.

How much does it cost?
Typical probate costs include a court filing fee, newspaper publication of notice to creditors, attorney fees, and, when appropriate, the fees and expenses of appraisers, accountants, and personal representative.  All Attorney fees for probate must be reasonable.  In Washington, unlike some other states, fees are not based on a percentage of the value of an estate.  Total fees incurred vary depending on the size and complexity of the estate administration. 

How can an Attorney help?
Any individual that has served as personal representative can attest that, without prior experience, probate can be a confusing, daunting process.  An attorney will represent the Personal Representative or Administrator.  The attorney's role is to provide advice with regards to the probate process.  Each probate is unique.  Our attorneys and legal support staff have dealt with hundreds of estates and we take pride in knowing that our client's needs are met in the most economically feasible manner possible.

Attorneys Scott Kee and Bruce Busch handle our Probate practice.