What is probate?

Probate is a legal process that involves the distribution of a deceased person’s property and other assets to their heirs and beneficiaries. In Washington, probate is handled by the county superior court in the county in which the deceased person resided. The probate process begins when an individual dies and a “personal representative” files a petition in the superior court. The personal representative is typically the executor of the deceased person’s estate, and is often a family member or trusted friend. The petition is a request for permission to administer the estate, which includes managing the deceased person’s assets and debts, paying the debts, and distributing the remaining assets to the rightful heirs and beneficiaries. The court will review the petition and if approved, the personal representative will have the authority to manage the estate. During the process, they will need to take an inventory of all of the assets, notify creditors and other interested parties as required by law, pay the deceased person’s debts and taxes, and distribute the remaining assets as stated in the will or as directed by the court. Once the estate is administered and all of the debts are paid, the personal representative can make a final accounting to the court and request to have the estate closed. If the court approves the final accounting, the estate is closed and the personal representative is discharged from their duties.

Related FAQs

What is a trust administration?
How do I create a living will?
What is a long-term care rider?
What are the risks of not having a power of attorney in place?
What is a trust amendment?
What is Medicaid planning?
What is a revocable living trust?
What is a Medicaid trust?
What is the difference between long-term care insurance and health insurance?
What are the laws regarding elder abuse?

Related Blog Posts

Essential Questions to Ask about Elder Law - July 31, 2023
Frequently Overlooked Considerations in Elder Law - August 7, 2023
Financial Benefits of Elder Law Planning - August 14, 2023
Navigating the Complexity of Long-Term Care Planning with Elder Law - August 21, 2023
The Cost of Not Planning for Elder Law - August 28, 2023