Is Probate Mandatory for All Wills in Washington?
If your loved one recently passed away, you might have various questions about probate in Washington. You may have heard that this is a difficult process, filled with time-consuming, stressful, and expensive legal processes. Perhaps you’re writing a Will for the first time, and you want to do everything possible to help your family members avoid this process when you pass away. But is probate mandatory for every Will in Washington? Could a probate lawyer in Yakima help you address this issue?
Probate Is Not Mandatory in Washington
Unlike many other states, Washington does not require all families to go through probate. Whether your loved one died with a Will or died intestate (without a Will), probate may be unnecessary. The only real requirement is that you file the Will of your loved one with the court immediately after their passing.
According to the Washington State Bar Association, there is a “simplified procedure” for small estates. If your loved one passed away without considerable wealth, you may be able to avoid probate. That said, things might get a little more complicated if your loved one passed away with significant debt. Although probate is not the only way to resolve these debts, its structured approach may make it easier to handle creditors.
Your family might also avoid probate if the Will contains only non-probate assets. These include assets with joint ownership or joint tenancy, payable-on-death accounts, beneficiary designations, and more. Speak with a lawyer to determine whether the estate contains only non-probate assets.
When Is Probate Required in Washington?
Probate is necessary when the estate contains assets worth more than $100,000. You might also need to go through probate if the assets in question are complex and difficult to value. If there are any disputes over the real value of these assets, the personal representative might need to work with professional appraisers to find accurate market values.
Probate may also be beneficial when there are significant and complex debts in the estate. In addition, you may need to go through probate to prove the validity of the Will. If a family member believes that the Will is invalid, they may have the right to bring these alleged issues to the attention of the probate court.
Although probate may be necessary in these situations, it doesn’t necessarily need to be complex, time-consuming, or expensive. With help from an experienced probate lawyer, you can resolve these issues quickly and avoid excessive costs.
Can a Probate Lawyer in Yakima Help My Family?
A probate lawyer in Yakima may be able to help your family with various aspects of the estate planning process. With their guidance, it may be possible to avoid probate entirely. While probate isn’t mandatory for every Will, it may be necessary in certain circumstances. Speak with Moulton Law Offices today to learn more about probate and its various implications.
Source:
wsba.org/docs/default-source/news-events/publications/consumer-pamphlets/consumer-info-probate.pdf
