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 | | Washington Probate Kit | | Form Kits & Information on Probate in Washington state |
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Probate in Washington State
Washington has some of the most liberal and user friendly probate laws in the nation, as well as the least costly. For these reasons more and more people are choosing to handle their own probates in Washington.
The majority of probates are simple probates and are fairly easy to administer. What do we mean by "simple probate"?
Example:
Your unmarried Mom or Dad passes away leaving a home, a car and a bank account and that's about it.
This would be considered a simple, straight forward probate
Nonintervention Powers
Washington allows for what is called nonintervention powers. When granted by the court, nonintervention powers allow the estate's Personal Representative to handle all aspects of the administration of the estate without court supervision or approval.
The Personal Representative pays the debts and any taxes of the estate, transfers property and makes distribution to the heirs and/or beneficiaries and closes the estate by filing a form. All without the supervision or approval of the court!
Nonintervention powers makes handling probate for simple estates very attractive to those who choose not to hire an attorney to handle the probate for them.
Probate in Washington state is taking the same path that divorce has taken over the years. Since the passage of Washington's no fault divorce laws, more and more people choose not to hire an attorney to obtain a simple divorce. If you are willing to do some of the legwork yourself and put a little time in it, handling your own probate saves the heirs and beneficiaries of the estate a lot of money.
The Probate Process
What follows is an outline of the process of a simple probate:
- Fill out and file forms with the court
- Obtain nonintervention powers from the court
- Pay the estate's debts and taxes
- Transfer estate property
- Make distribution to the hiers and/or beneficiaries
- Close the estate by filing a form with the court
Some Words of Caution
- Before beginning the probate process on your own it is recommended that you seek legal advice about your particular situation. More on this topic in Frequently Asked Questions.
- Once you have begun the probate process on your own and you suddenly find yourself in a contested situation, seek legal advice immediately.
The No. 1 thing I have learned in all my years of assisting people with their divorces and probates is this:
Death and divorce can bring out the worst in people!
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