When someone passes away, one of the first questions families ask is: Do we need to go through probate with the help of a Camas, WA probate lawyer? This leads to other questions, like: Was there a will? How much money did they have? Who pays their debts? Do we have to go to court?
Every person’s situation is unique, and each state has its own process for handling a person’s affairs after death. In Oregon and Washington, this process is called probate. Probate is simply a process to settle a deceased person’s estate when assets don’t automatically transfer to someone else at death. Probate also includes making sure their debts and taxes are settled before assets are distributed to their beneficiaries or heirs. There are alternatives to probate, like small estate affidavits, but those have specific uses and particular rules.
What Probate Is
Probate is the court-supervised process for settling someone’s estate. It usually involves:
- Asking the court to appoint someone to be in charge (called an Executor, Personal Representative, or Administrator)
- Collecting and managing the deceased person’s assets subject to probate (like bank accounts, life insurance, land, or personal possessions)
- Identifying and paying any bills or debts
- Notifying state agencies, heirs, and beneficiaries about the probate and their rights
- Distributing assets to the right people, based on the will or state law
When Probate Is Needed
Probate is usually needed when assets don’t automatically transfer to someone else after death. This could include bank accounts, investments, or, most often, real estate. Probate helps make sure the right person is in charge of supervising the transfer of these assets to the right people and that the decedent’s affairs are settled before distribution.
Banks and financial institutions often won’t release funds until someone provides “Letters” if there are no designated beneficiaries. Technically, these are “Letters Testamentary” or “Letters of Administration,” which are official court documents that confirm who is authorized to handle the estate’s money.
When A Will Avoids Probate
A common misunderstanding is that having a will means you don’t need probate. In reality, a will provides instructions for handling the estate, but the court still needs to review and approve it. Once approved, the court gives authority to the person named in the will to manage your loved one’s estate and affairs.
While a will doesn’t avoid probate, it does make the process smoother. It lays out your wishes regarding who should be in charge and where assets should go, reduces court involvement by granting more authority to the person in charge, and can reduce conflict by clearly expressing your wishes or intent.
Getting Started With Probate
If a loved one has died and left assets, start by checking if there’s a will and if you’re named to be in charge. If you are, you may need to initiate a probate proceeding. If you need help, NW Legacy Law is here to guide you through the probate process. Even if there’s no will, we may still be able to help. Reach out to us to see how we can help preserve your family’s legacy.
Frequently Asked Questions (FAQ)
What Happens If There Is No Will?
The court will follow state law to decide who is in charge and who receives the assets.
How Long Does Probate Take?
Probate can take anywhere from several months to over a year, depending on the complexity of the estate.
Do All Assets Go Through Probate?
No. Some assets, like those with named beneficiaries (life insurance, bank accounts, retirement accounts) or jointly owned property, may pass outside probate.
How Much Does Probate Cost?
Costs vary, but may include court fees, attorney fees, and other expenses. These are often determined during your consultation with an attorney. A will can help reduce some costs by providing predictable outcomes.
Can Probate Be Avoided?
Sometimes. Using trusts, joint ownership, or beneficiary designations can help assets pass outside probate.
Who Pays The Deceased Person’s Debts?
The estate pays valid debts before assets are distributed to beneficiaries.
NW Legacy Law has been helping clients in Oregon and Washington with estate planning, tax planning, trusts, wills, probate, elder law, asset protection, power of attorney, and estate settlement matters since 2014. Reach out to us today or whenever you are ready to talk.
