Probate Lawyer Kennewick, WA

Depending on the situation and circumstances, the probate process in Washington can last six months to a year. This is only a general estimate—there is no fixed timeline for probate in Washington law. 

If there is a court fight (one or more parties may contest some or part of a will), or if the estate has complicated debt or unusual assets, it could take longer. While disputes are rare, they should not be discounted—while the probate process is typically a matter of filing paperwork, legal matters can draw out the procedures for years.

In the case of an intestate succession (that is, dying without a will), your assets will go to your closest relatives. Washington’s intestate succession laws dictate assets that pass through probate. Some valuables and assets don’t go through probate at all, meaning they aren’t affected by Washington’s laws. 

Some examples of items that don’t go through probate include:

• Property transferred to a living trust
• Beneficiary-named life insurance
• IRA, 401(k), or other retirement funds
• Real estate with a Transfer on Death deed
• Vehicles with a Transfer on Death registration
• Joint properties

Any assets above will pass to the surviving co-owner or named beneficiary, even if there is no will.  If there are no living beneficiaries or co-owners, the property could be transferred according to Washington State’s intestate succession laws.

The order of intestate succession in Washington State is as follows: the parents of the decedent take the estate, then if there are no surviving parents, it falls to the decedent’s parents, then to nieces, nephews, and siblings, and then to grandparents.

The primary responsibility of an executor is to follow a will’s directives. This includes settling debts and liabilities, identifying assets, and distributing the estate to all living beneficiaries. In Washington State, executors are known as personal representatives. These executors are appointed according to the deceased’s Last Will and Testament, or in a trust to manage the estate’s assets after death. The court will appoint someone to fulfill the duty in the circumstance that a person is not named.

First, the personal representative must file an oath with the court. Depending on the complexity and size of the estate, it can take several months and even years for an executor to complete their responsibilities. Consider the executor of an estate the “liaison” between the estate and the probate court—they are also the liaison between the estate and the heirs, beneficiaries, and family of the deceased. Because the executor’s duties are so vast and complex, the accomplishment of probate can take some time. 

In Washington State, the law requires a petitioner to file a contestment within 4 months of beginning probate. This deadline is strictly enforced by the courts—if the petitioner acts even a single day past the 4-month deadline, the judge could dismiss the contest outright. In most cases, the judge or courts will work to protect the sanctity of a Will and Testament and take all contests seriously. In rare circumstances, such as instances of fraud, the judge might waive the 4-month deadline.

Patience and understanding are the key components to enforcing a deceased’s will. A deceased may have left multiple wills or multiple copies of a will behind, confusing the probate process. Faithfully executing a will is the best way to ensure you are honoring your loved one’s wishes, even if the beneficiaries disagree with the results. 

The will with the most recent date is the deceased’s Last Will and Testament—this governs the estate if it was validly written and executed. In some cases, there might be reason to suspect the validity of the most recent will, and one of the previous wills may be the correct one. Washington law allows for the revival of a revoked will under certain circumstances, such as the dubiousness of the most recent will, or conflicting information in the wills prior to the decedent’s death.

Typically, the newest will has priority, negating any previous versions of the will. The court will validate the latest will unless it is contested and can be proven that it was created improperly or unwillingly—it is very difficult to contest a will, and can only be done by potential heirs and beneficiaries. During this time it’s important to keep an open mind and heart and approach your family members with compassion and understanding. Keep the focus on the deceased’s wishes to honor their legacy, and use your best judgment.