Probate is the legal process by which a deceased person’s debts are paid and their assets are distributed. In Washington state, the probate process is governed by Revised Code of Washington, Title 11.

Here are some things to know about probate in Washington:

  1. Small estates may not need to go through probate. If the total value of assets is less than $100,000, their estate may not need to go through probate. Instead, a simplified process called a “Small Estate Affidavit” may be utilized by the heirs and beneficiaries.
  2. The first step in the probate process is to file a petition with the Superior Court. It does not need to be filed in the county in which the deceased person lived. The petition asks the Court to appoint a personal representative or administrator to manage the estate.
  3. The personal representative or administrator has a lot of responsibilities. They are responsible for gathering the decedent’s assets, paying their debts and taxes and distributing the leftover assets to heirs and beneficiaries.
  4. Creditors may make claims against the estate. Under Washington state law, creditors will either have four months or twenty four months to make a claim against the estate. The personal representative or administrator will need to determine the validity of each claim and pay each valid claim before distributing assets to the heirs and beneficiaries.
  5. The probate process takes time. It usually takes six months or more depending upon the complexity of the estate, the number of creditors and the number of heirs and beneficiaries.

If you need assistance with the probate process, we can help!