What is Probate?
Probate is the legal process through which the state recognizes an executor or administrator as the official representative of a deceased person's estate. When someone passes away, ownership of their assets must transfer to beneficiaries or heirs according to their will or state law.
The Washington State probate process provides the rules and oversight for this transfer. If there is a valid will, the court will issue Letters Testamentary to the named executor. If there is no will, the estate is considered "intestate" and the court will appoint an administrator through Letters of Administration.
Our Tacoma, WA probate attorney helps executors and administrators close out and settle estates as efficiently and quickly as possible. Because we focus exclusively on estate matters, clients throughout Washington State seek our expertise.
The Probate Process in Washington
Understanding what to expect during probate administration
Filing the Petition
Submit the will and death certificate to the Superior Court. The court reviews and accepts the petition, officially opening probate.
Gathering Assets
The executor collects and inventories all estate assets, including bank accounts, investments, real estate, and personal property.
Paying Debts & Taxes
Notify creditors, settle valid claims, and file all required tax returns including final income taxes and any estate taxes.
Distributing Assets
After debts and taxes are paid, distribute remaining assets to beneficiaries according to the will or state intestacy laws.
Probate vs. Non-Probate Assets
Not all assets go through probate. Understanding the difference is crucial for efficient estate administration.
Probate Assets
- Assets titled solely in the decedent's name
- Real estate without transfer-on-death deeds
- Personal property and vehicles
- Business interests
Non-Probate Assets
- Assets held in a revocable living trust
- Life insurance with named beneficiaries
- Retirement accounts (401k, IRA) with beneficiaries
- Jointly owned property with right of survivorship
- Payable-on-death (POD) bank accounts
What Your Probate Lawyer Will Do For You
We have an experienced estate administration lawyer ready to help you with any task. Personal representatives and executors most often seek our assistance with:
- Filing the petition for probate with the Superior Court
- Collecting and inventorying assets
- Assisting with filing tax returns
- Selling real estate and business interests
- Settling creditor claims
- Working with difficult beneficiaries
- Obtaining the executor's release of liability
Frequently Asked Questions
How long does probate take in Washington?
What if there is no will?
Can I serve as executor if I live out of state?
Where do I file for probate in Pierce County?
Have more questions? See our FAQ page or contact us directly.