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Probate Law Guide

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This guide briefly discusses issues related to probating an estate and most references are to materials for Washington State.  Visit either of the following web sites for definitions of the terms used here:

 

Introduction

After someone dies, their money and property (called the "estate") must be distributed to their heirs. When supervised by the courts, this process is called "probate." Probate is not always necessary, but in some situations, probate may be required. Probate may be preferable when you must pay debts, claims, or taxes, or if you anticipate disagreement over dividing the estate.

Websites for General Information

Several websites provide good background information on probate. The first two listed below contain information specifically for Washington State. The others provide more general background.

Washington Probate. Offers simple instructions and free probate forms, in both Word and .pdf format, on how to probate a decedent's estate in Washington.

Attorney General of Washington, Consumer Protection Division, Dealing with Death. This guide is divided into two sections: "Preparing for Death" and "Once a Death Occurs." Probate is discussed within Property in the second section.

Michael T. Palermo, Crash Course in Wills and Trusts. Although not specific to Washington, this website provides a good walk-through of the issues related to probate. The bulk of the site is directed at people planning to create wills and trusts, but the section on probate is highly informative about the probate process in general. This guide is significantly more detailed than either of the two pamphlets above. You will find the discussion of probate in part II.

Nolo Press, Wills and Estate Planning. The legal encyclopedia on this website does not address Washington law, but does include basic information about probate in general, as well as answers to such questions as "Who pays Mom's debts after she dies?" Written for non-lawyers, Nolo press materials answer legal questions in a straight forward, non-technical fashion.

Department of Revenue, Affidavit of Successor. When a person dies without a will, their estate is distributed as ordered by law. The second page of this form includes a very clear chart of the lines of descent and distribution.

Laws on Probate

In Washington, laws concerning probate are found in Title 11 of the Revised Code of Washington (RCW).

Probate proceedings occur in Superior Court. These proceedings are considered "special proceedings" and are governed by the rules of court. You should look at both the state rules and the local rules of your county.

Forms

Northwest Justice Project: Do It Yourself Affidavit Procedure for Small Estates. For estates under $100,000 this guide offers step by step instructions and forms about the affidavit procedure.

Helpful Books in the Library

Many very useful probate materials are not available on-line. Please ask at the desk for one of the following:

Washington Practice, FW 80 .W3. The Washington Practice series is an invaluable resource for Washington law. Volume 26B of the Washington Practice series, Probate Law and Practice, is completely dedicated to probate forms and procedures.

Washington Lawyer's Practice Manual, KF 300 .W27 1986. The Washington Lawyer's Practice Manual (WLPM) series is a great resource for practicing attorneys and for non-lawyers who need quick, though in-depth, knowledge of a particular subject. In Volume IV, Chapter X deals with probate. The WLPM series is located at the Reference Desk at both Kent and Seattle.

Washington Probate Practice, Procedure and Tax Manual, KF 765 .M83. This three-volume resource is considered to be the authoritative treatise on probate law in Washington. It is written for lawyers and may be daunting for the first-time probate researcher. However, the volumes contain many useful sample forms and letters, and should be consulted if you are looking for suggested language. This set is located in both Seattle and Kent.

2011 King County Probate Policy and Procedure Manual, KF 765 .K56 2011. If you are proceeding in King County, this manual can provide helpful information for procedures specific to King County. It spells out detailed rules and gives frequent citation to applicable statutes. The manual is available at the Reference Desk.

Dealing With the Death of a Loved One, KF 765 .D43 1994. Published by the Estate Planning Council, this book contains general information about essential actions that need to be taken after a death has occurred. Probate is discussed on pages 23 - 25.

Guiding Those Left Behind in Washington, KF 750 .P64 2003.  Published in 2003, this resource covers post-death topics such as giving notice of the death, locating the assets and setting up an estate plan record. 

How to Probate an Estate and Handle Post-Mortem Matters, KF 765 .A75 H69. The Washington State Bar Association teaches a continuing legal education course every year on probate matters. The printed materials from this course are available in the library.

Washington Probate Deskbook , KF 765 .Z99 W37 2005. A new publication from the Washington State Bar Association.

If you need more help: If you feel that you need more information or would like to hire an attorney, contact one of the agencies listed below.

The King County Bar Association, Lawyer Referral Service. You may use this service to find an experienced probate attorney. If you live outside of King County, click on "frequently asked questions" to find phone numbers for lawyer referral services in other Washington counties.

Links: 09.09.13


 

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