FREQUENTLY ASKED QUESTIONS

The easiest way to understand probate is like this: it is the legal process to get assets out of a dead person’s name and into the names of the beneficiaries of the estate. The court is necessarily involved because the court appoints an executor of the estate to be the legal representative for the deceased person.

State law does require probate just because someone has died but it is likely that an estate with more than $100,000 and/or real estate will have to go through probate to be distributed to the beneficiaries of the estate.

Technically speaking, the Will simply nominates an executor it does not appoint an executor. The court appoints the executor after a quick background check and consideration of the Will and any other relevant circumstances.

This is a common misconception and is not true. The good news is that a Will typically makes probate a lot easier.

It varies. A simple probate typically costs about $3,500 to get done, but it can be a lot more or a lot less than this. The variables that make it more expensive include: if there isn’t a Will, if the family doesn’t get along, or if the deceased person’s property is disorganized.

In Washington State, inheritances are tax-free to the beneficiaries. If the total value of an estate is over $2,193,000, the estate may have to pay an estate tax to the state of Washington before making distributions to the beneficiaries.

There is a state law that requires a Will to be filed with the court within a certain number of days after a person’s death, but – practically speaking – this is something that doesn’t usually happen that quickly and that is usually OK. We recommend you begin the probate process within a month, or so, of someone’s death.