What is a will? How can a will help my family?
By Taylor Kenck
This is Part 2 of the Series “Estate Planning Basics.”
A will is often the most important document in an estate plan—this post describes the ways a will can benefit your family
What is a will and what does it do for me and my family?
A will, or “last will and testament,” is typically the most important legal document in a person’s estate plan. That being said, some people might not understand what a will does and how it benefits them. The purpose of this post is to provide a basic overview of what a will does for you and your family.
In its most basic form, a will is a legal document that communicates someone’s final wishes to the court and to the person managing the estate (this person is called the “personal representative”). These “final wishes” can cover a number of topics, but they typically include the following:
Election for who should handle your affairs when you pass – the personal representative
Descriptions about who receives your property and assets
Naming a guardian of any minor children you may have
What happens to people that pass away without a valid will?
Of course, not everyone passes away with a valid will. Washington State has strict rules for what happens when people die without a will. For example, in the Revised Code of Washington, Chapter 11.04.015, you can find the rules that describe how property is divided if a person passes away without a will. Those rules lay out a number of scenarios, and distributions depend on whether the person who passed has a surviving spouse or children.
A court must follow those rules if a person passes without a will. So in this circumstance, a person’s property could be divided in ways that do not reflect the family’s best needs. This, of course, can all be prevented with a valid will.
Can a will make probate easier for my loved ones?
The probate process is often much easier when a person passes away with a valid will. In Washington State, a personal representative has the option to petition the probate court for “nonintervention administration” of the estate. This allows the personal representative to administer this estate without constant court supervision or approval. Nonintervention administration gives the personal representative (among other things) the ability to manage virtually all aspects of the estate’s property, identify the people entitled to the estate, and the power to fulfill all the estate’s obligations.
However, if a person passes without a will in Washington State, this “nonintervention administration” option is only available in very rare circumstances. For this reason, for individuals wanting to provide the smoothest and most efficient probate for their loved ones, having a valid will creates this possibility.
Conclusion
Ultimately, having a valid will ensures that your final wishes are met. It also ensures that the right people are in control of the process. And finally, it ensures that the probate process goes as smoothly as possible.
Crestview Law’s overarching goal is to empower clients to make difficult decisions with comfort and confidence. Crestview Law is determined to help you protect your legacy and the loved ones that form the most important of it.
Contact Crestview Law today for a free initial consultation.
Crestview Law has physical offices in Wenatchee, but we can serve clients throughout the state with our many virtual tools.
