Do You Always Have to Probate a Will?

When someone dies, one of the first legal questions that comes up is whether probate is required. If there’s a will, people often assume probate is necessary. But the truth is that’s not always true. In Washington, whether you need to go through probate depends on how the assets belonging to the person who died (the decedent) were titled, how much they were worth, and what legal tools were used to pass them on. With this in mind, to figure out if your loved one’s will needs to be probated, read on. 

What Is Probate?

Probate is the legal channel used to settle someone’s estate after they’ve died. It gives the person named in the will, called the personal representative or executor, the authority to handle the deceased person’s assets, pay any outstanding debts, and distribute what’s left to the people named in the will.

When Probate Is Required for Washington State Wills

As an executor, you’ll typically need to start probate in Washington state if the person who died owned assets only in their name and the total value of those probate assets is greater than $100,000. This threshold is often reached through real estate that wasn’t jointly owned or held in trust.

If there’s a will, the person named as the executor (also referred to as personal representative) has to file it with the court and ask to be formally appointed. Until that happens, they won’t have legal authority to act on behalf of the estate.

When Probate Might Not Be Necessary in Washington State

As mentioned earlier, not all estates need to go through probate. If the decedent’s probate assets are worth $100,000 or less and there’s no real estate involved, the estate may qualify for a Small Estate Affidavit in Washington instead.

You can also avoid probate when assets have been set up to pass automatically. These include jointly owned property, life insurance, and pay-on-death retirement accounts with designated beneficiaries, assets held in a revocable trust, and anything covered by a valid community property agreement. Transfer on Death deeds can help avoid probate where there is real estate. This approach is particularly helpful for unmarried couples who lack certain protections under Washington property laws.

What Happens to a Will if There’s No Probate?

Even when probate isn’t required, Washington law still requires the will to be delivered to the court or the person named as executor in the will within 30 days of knowledge of the will creator’s demise. That step allows the executor or personal representative to evaluate next steps.

Who Decides if Probate Is Needed in Washington State?

The decision of whether a will must be probated usually falls on the person named as personal representative or on a close family member if there’s no will (the person died intestate). At that point, that person will need to take a close look at the estate’s assets and how they’re owned. If anything is unclear, it is best to speak with a Washington state probate attorney early on to prevent unnecessary delays or legal problems down the line.

What Does an Executor/Personal Representative Do?

The executor/personal representative is responsible for managing the decedent’s estate. Their duties include giving notice to heirs and creditors, collecting and valuing assets, paying taxes and debts, and making sure the remaining property gets distributed correctly, according to the decedent’s last wishes. 

In most Washington cases, they also ask the court for nonintervention powers. This power allows them to administer the estate without ongoing court supervision.

Does an Executor/Personal Representative Receive Compensation?

The personal representative and their attorney are entitled to be compensated for their work. What that looks like depends on how complicated the estate is. 

Some cases are simple and cost a few hundred dollars. Others are more involved and end up costing a lot more. Things like the kinds of assets in the estate, whether there are creditor claims (see below), and whether tax returns need to be filed can all affect the time and effort required for the process.

What If There’s No Will?

If someone dies without a will (intestate), the court will appoint an administrator. This is usually a surviving spouse, but in their absence or if they are unable to fulfill that role, it could also be an adult child or other close relative. In the absence of any of the above, the court will step into this role. Once an administrator is named, the estate will then be distributed according to Washington’s intestacy laws, which dictate who inherits and in what order.

Where Probate Is Filed in Washington State

Probate is filed in the Superior Court of any county within Washington, although notices to creditors must be published in the county in which the decedent resided. If they owned property in another state, an additional probate proceeding may be needed there to transfer that property to Washington.

How Creditors Are Notified Before Probating a Will in Washington State

Once probate has begun, creditors are notified so they can file their respective claims. Notice includes mailings to known creditors and publication of a legal notice in newspapers where creditors would likely see it. Once the notice is published, creditors have four months to submit their claims. Without proper notice, they may have up to two years to file a claim, which can delay the resolution of the estate.

What About Paying Estate Taxes in Washington State?

The personal representative must file the decedent’s final income tax return. As of the time of this writing, if the estate earns over $600 before closing, a separate estate income tax return will also be required. 

Washington has an estate tax that applies to estates over $3 million, as of this writing. The federal estate tax only applies to much larger estates and doesn’t affect most families.

Completing Washington State Probate

When the estate has been fully settled, the personal representative must file what’s called a Declaration of Completion, which lets the court know that all duties have been completed.  Before filing, the representative usually collects signed receipts from the beneficiaries confirming that they received their distributions, as designated in the will.

Find a Seattle Estate Planning Lawyer to Probate a Will in Washington State

Figuring out whether a will needs to be probated is not always straightforward. If you’ve been named in a will or are handling someone’s estate and aren’t sure what to do next, a probate attorney can help you figure out what to do next.

At Elise Buie Family Law, our team of Seattle estate planning lawyers has extensive experience interpreting Washington state estate planning laws relevant to probate as well as settling estates where no will exists. We understand how emotional the process can be and are here to guide you through it. Call us today or schedule a convenient time to speak.