Do I have to hire an attorney to handle my probate?

No. Like divorce, more and more people are handling their own probate instead of hiring an attorney to do it for them.  

You can save yourself thousands of dollars in attorney fees by handling the probate yourself.  We encourage everyone to seek legal advice from an attorney before proceeding in any legal matter.

You can hire an attorney just for legal advice for whatever their hourly rate is.  Here are some tips about seeking legal advice:

• Find an attorney who has probate experience
• Ask what their hourly rate is before making an appointment so you will know exactly what the appointment is going to cost you
• Before meeting with the attorney think about what specific questions you have and write them down in a notebook
• Take the notebook with you and take notes when the attorney answers your questions
• Consider taking someone with you to your appointment to be your other set of ears
• If you don't understand an answer, ask it again!  This is your dollar, make the most of it

OK, I got my legal advice and want to proceed with the probate on my own without hiring an attorney.  Where do I get the probate forms?

Good question!  In fact, that is the reason for Washington Probate Kit. 

Probate forms are not available at the courthouse or in office or stationary stores as other legal forms are.  Hence, the reason for this site.

We offer a probate kit that contains all of the forms you need to complete your probate, as well as complete instructions on how to fill out the forms and on how to administer the estate.

Where do I file my probate?

Probate can be filed in any county in Washington state.  Please see the link to the left for the list of counties and contact information.

For example, if the decedent lived in Spokane County and you live in King County, you may file the probate in King County.

Where do I publish the Notice to Creditors?

The Notice to Creditors must be published in the county where the decedent resided.  You may publish in any newspaper that has a legal notices section.

How long do creditors have to file a claim against an estate?

If you publish a Notice to Creditors anyone who wishes to file a claim against the estate will have four months to file their claim or they are forever barred from making a claim against the estate.

What court handles probate matters?

In Washington state probates are handled in Superior Court.  Each county has their own Superior Court.

Probate is usually heard in the Ex-Parte Department within each Superior Court.  Please see the link to the left for the list of counties and their Superior Court contact information.

Please contact the Superior Court in the county you will be filing your probate in for any special instructions and the days and times the Court hears probate matters in that particular county.

How long does it take to complete a probate?

Probate can be completed in as little as four months.  The amount of time it takes your probate depends upon many factors. 

Simple probates with few heirs, beneficiaries and property will take the least amount of time.  Estates with many assets, especially if there is a business or businesses involved, will take longer to finalize.

What is the filing fee?

The probate filing fee is $230. 

Does Washington state have a death or estate tax?

No.

Where can I go to read the probate laws for Washington state?

The Revised Code of Washington, Title 11 addresses the probate laws of Washington state.  You can copy and paste the link below into your browser:

http://apps.leg.wa.gov/RCW/default.aspx?Cite=11

King County has a law library in both of their Superior Courthouses where you can find and read the probate laws.

The decedent gave me Power of Attorney before they passed away, is it still valid?

No.  A Power of Attorney is only valid while the party giving it is still alive, it terminates upon their death.

As the Personal Representative of the estate, can I charge for my time?

Yes.  You may charge a reasonable fee for the time you spend working on the estate.  What is a reasonable fee you ask?  While there are no specific laws about what a reasonable fee is, use your own judgment.  For instance, charging the estate $10 per hour is reasonable, $100 per hour is probably not reasonable.

Here are some points to keep in mind:

• Keep track of the time you spend working on the estate
• Keep an estate notebook where you will write down all information you gather regarding the estate, as well as your time
• Write down the date, the amount of time and what specifically you did

By keeping good records of what you did for the estate and the dates and times you did it, you will be able to show anyone who may ask why you are charging the estate for your time.

Reimburse yourself for your time before making distribution to heirs or beneficiaries.

Can I be reimbursed by the estate for expenses I paid out of my own pocket?

Yes.  Keep all receipts for expenses you personally paid on behalf of the estate.  Reimburse yourself for these expenses before making distribution to heirs or beneficiaries.