What is probate court?

What is probate court?

Probate court is where the legal process called probate takes place. During probate, a person’s property, possessions, taxes, and debts are distributed to the proper people and associations after they pass away. The process is guided by an executor or administrator, a person as a representative of the deceased person to ensure their wishes are fulfilled. If the person doing that job is designated in the deceased person’s will, they are known as an executor and the estate is known as a testate estate.  

If the deceased did not have a will, then that person in charge of complying with the default inheritance laws is known as an administrator, and they will be administering an intestate estate.  If the court is appointing an administrator, there are laws about who should be chosen, and usually the default rule has the court choose someone who is likely to have known the decedent and their affairs and is capable of performing the role; this will usually be a spouse, child, or other close relative. The default rules about who is entitled to inherit the deceased person’s property (homes/land, furniture, jewelry, etc.) require payment of creditors in most instances, but also give preference to spouses and children, and then work their way out to more distant relations if no spouse or children are around.

Often an executor or administrator will hire an attorney who will help move the process along and ensure compliance with state probate laws.  Additionally, the court system oversees the process, approves “letters testamentary” or “letters of administration” which give the executor or administrator the powers to act for the decedent, and ensures that all required notices were sent, records were appropriately maintained, and property was appropriately distributed before allowing the case to close.  

Probate of a will

In probate of a will, the terms and beneficiaries of the will are “proven” in court. Unless otherwise stated, wills need to go through the probate process before beneficiaries can receive the property of the deceased’s estate. You can think of probate of a will as the court verifying the will as legally binding. 

When is probate necessary in Washington?

Probate is necessary in Washington when there is no will and the property was owned solely by the deceased. In cases like this and others where there is no clear beneficiary, probate must occur before paying-out or delivering any property. Another situation that can occur is when a beneficiary named in a will dies and the will isn’t updated. 

When is probate unnecessary?

Some factors that may make probate unnecessary are:

• If the deceased person jointly owned property “with rights of survivorship,” then the surviving owner may not need to open a probate to prove that they now own the property in full. 

• Smaller estates in Washington, up to $100,000, may not require probate. 

• Payable-on-death inheritances like life insurance pay-outs, bank accounts, and retirement accounts with named beneficiaries may skip probate. 

• Property and funds placed in a living trust may be able to avoid probate.

The probate process

If you feel you are in a situation that may require the probate process in court, it’s always a good idea to consult with a probate attorney. Here at Funke Law Firm, our experienced probate attorneys can help you understand the best options for your situation. And if you are in the process of creating your will, our estate planning and contract drafting services can provide legal security and peace of mind. Contact us today!

Need more help? Contact us for a free consultation!