What is probate?
By Taylor Kenck
This is Part 1 of the Series “Estate Planning Basics.”
What is Probate?
Attorneys sometimes forget that we often rely on unfamiliar jargon in our conversations with clients. The word “probate” is an excellent example of this–many estate planning resources throughout the internet just assume that the reader understands this term, so they skip right over it.
The purpose of this blog post is to define “probate” and clarify some of the most common misconceptions I see in my clients.
The word “probate” refers to the type of court proceedings where an individual’s affairs and assets are managed after they have passed away.
Probate simply refers to a type of court proceeding that happens after someone’s passing. During these proceedings, the probate court does three main things: (1) the probate court determines if the person that passed had a valid will; (2) the probate court appoints a personal representative, who is then given authority to organize assets and pay debts for the person that passed, and; (3) the probate court ensures that the assets and property of the person that passed are transferred to the right heirs or organizations, either according to the terms of the will or the Revised Code of Washington.
What are some common misconceptions about probate?
For clients that have some familiarity with probate, I’ve found that many have a very negative view about the process. While probate is rightfully a frustrating topic in many states, the process in Washington should take away most of the negative elements.
The truth is, in many cases, probate in Washington State is a smooth process. In many circumstances, the law even allows the personal representatives to do most of the work without court intervention. While the whole process can still take up to a year, that is honestly pretty quick for a legal proceeding.
Another common misconception is that probate is too expensive. Probate in Washington State isn’t nearly as expensive as it is in other states. Some states allow probate attorneys to collect a percentage of the total value of the estate. These fees can be significant. For residents of those states, it makes perfect sense to avoid probate as much as possible.
Again though, that’s not the case in Washington. Here, attorneys are not authorized to collect fees from a percentage of the estate, so most charge an hourly rate. Except in rare situations where families are fighting over an estate, probate costs would rarely exceed a few thousand dollars total (including court fees and the attorney fees).
For those reasons, many of the reasons for avoiding probate do not necessarily apply to Washington State residents.
Conclusion
Hopefully you have a better understanding of the term probate and what it means for Washington residents. Probate does not have to be a scary process, even for a personal representative with no legal experience.
Crestview Law is here to help you navigate the probate process with confidence. If you have a loved one that has recently passed and you would like more information about Crestview Law’s probate services, please contact us or schedule a free initial consultation.
Crestview Law has physical offices in Wenatchee, but we can serve clients throughout the state with our many virtual tools.
