State of Washington Probate Process
In Washington state, probate courts oversee all probate proceedings. Probate proceedings establish the rights of beneficiaries and provide protection for creditors. Formal probate proceedings resolve issues relating to the sale of assets, interim distributions and discharge of personal representatives. Typically, small estates with a value of less than $100,000 need not be probated. Additionally, certain assets are considered non-probate assets such as IRA accounts, payable on death bank accounts and joint tenancy property.
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Personal Representatives
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Probated estates are administered by a personal representative. If a decedent has named an executor in his will, the executor will be the personal representative during the probate process. If no executor has been named, a probate court will appoint a personal representative. If the decedent failed to appoint an executor in his will, his surviving spouse or registered domestic partner has a 40-day right to petition the probate court for appointment as personal representative.
Admission to Probate
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Washington probate courts require submission of a decedent's original will and an official death certificate within 30 days of the decedent's death. Admission to probate requires an application detailing the list of beneficiaries and an estimate of the estate's assets. If for some reason a will was destroyed or lost, a probate court may hear evidence of its execution. Typically, witnesses to a will testify as to its contents. A probate court will declare the existence of a will, if it has been presented with clear and convincing evidence.
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Notice to Creditors
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Giving notice to the decedent's creditors is part of the probate process. In Washington, the personal representative is required to give known creditors actual notice. For unknown creditors, the personal representative must give notice by publication in the county's newspaper for three successive weeks. After notice is given, creditors have four months in which to place a claim. As of Feb. 2011, all creditor claims under $1,000 are deemed allowed if not rejected within six months. Claims over $1,000 must be allowed or rejected. After 30 days from the date of the claim, a creditor may notify the personal representative of his plan to petition the probate court to have the claim allowed.
Payment to Creditors and Distribution of Assets
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In Washington, the personal representative collects all probate assets and debts owed to the deceased. Additionally, the personal representative is responsible for paying the decedent's debts. Any personal representative who fails to pay a creditor becomes personally liable, unless the oversight was without any fault on his part. Personal representatives may make interim distributions to beneficiaries during the probate process. Once all creditor claims have been paid and the remaining assets distributed to the proper beneficiaries, the probate process is complete and the personal representative is discharged of his duties.
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