The Probate Process
Probate is the Court system's process of settling debts and distributing assets after death. With a Will or without a Will, probate is required if there is more than $100,000 in assets or any kind of real estate that passes by deed. (Note exception for Revocable Living Trusts below.) Our role as legal counsel is to guide you through the probate process with thoughtful and concise legal support. Probate will include:
- Naming a Personal Representative of the Estate
- Notice with Creditors
- Selling or Transferring Ownership of Real Estate
- Distributing Assets to Beneficiaries
- Forming or Dissolving Trusts
- Closing any outstanding legal issues to resolve the Estate
- Attorney fees are generally paid by the estate on final distribution.
If you are looking for help to navigate the legal process of probate, let's set up a time to talk. Book a free 20 minute consultation.
Settle Estates Out of Court
Estates involving a Revocable Living Trust (aka "Intervivos Trust") can often be settled with a $20 court filing and no further involvement of the Court system. The instructions for how to resolve the trust may require legal assistance to settle with creditors, properly divide assets, or pass a residence or other kinds of real estate to beneficiaries.
Small estates with less than $100,000 in assets and no real estate (no home or land) may qualify for the Small Estates Affidavit process under RCW 11.62. This process allows for settling affairs without court oversight. We offer assistance on a flat fee to navigate the process of create the affidavit, settle with creditors, access accounts, and distribute assets.
If you would like to talk through the mechanics of settling a Revocable Living Trust or the Small Estate Affidavit process, let's talk by phone. Book a free 20 minute consultation.