Probate Process

List of Steps (generally)*

 

1. Find Probate Attorney, schedule meeting

2. Gather preliminary documents

• All Estate Planning documents (Wills, Trusts, Amendments, Community Property agreements, etc.
• Death Certificate
• Send (via fax or email) to attorney

3. Secure Estate

• Lock up and secure the assets of the estate

4. Meet with Probate Attorney

If probate is necessary, take steps to open a probate case with the appropriate Court

• Your Probate Lawyer will take care of this for you.

5. Keep Excellent Records of Everything

• This includes any funds spent by the Executor / Personal Representative

6. Notify various government agencies of Probate

• This includes the IRS, WA Dept of Social and Human Service, and others as necessary

7. Open Estate Bank Account

• You will need an IRS “EIN” for this. Your Probate Attorney will take care of having this number issued for you.
• Conduct all transactions regarding the estate assets, debts, taxes, expenses, etc. through this account

8. Notify estate beneficiaries and heirs as necessary

• You will discuss this with you Probate Lawyer.
• Generally, all known heirs and any beneficiaries must be notified off the probate matter (before and/or after the case is opened)

9. Continue gathering information, documentation

• Keep list of creditors, debts that need to be paid (but do not pay them right away)

10. Notify Creditors / Potential Creditors of Probate Matter

• May require notification via publication

11. Begin Inventory of Estate Assets

• Use a spread-sheet or other organized way of keeping these assets listed and accounted for.
• Do not begin giving things away, or otherwise disposing of any estate assets just yet.

12. Make estimate of whether WA and/or Federal Estate Taxes will be paid

• If estate taxes are expected, then begin planning for this.
• Retain CPA

13. Value the Estate

• If necessary, arrange for appraisals

14. Complete the Inventory of the Estate

• Do this no later than 90 days after the Probate case is opened.

15. Sell any estate assets as required

• Be sure to do this in coordination with the Probate Lawyer

16. Resolve any issues with creditors, as necessary

• Discuss with your Probate Lawyer
• Involve Courts if necessary

17. Pay known, documented debts

• Make certain this is done in coordinated fashion with Probate Attorney.

18. Pay all taxes

• State taxes
• Federal taxes

19. Determine how the distributions to heirs / beneficiaries will be accomplished

• Again, this should be planned and accomplished in full coordination with your Probate Attorney.

20. Transfer Real Property

• Arrange any required real estate transfers with the Probate Attorney.

21. Resolve any Distribution / Shares of Estate Issues

• If any issues regarding Distributions among Beneficiaries / heirs, resolve.
• Involve Court if necessary

22. Close Probate Matter

• After all estate administrative costs, debts, taxes are paid
• All property is distributed to heirs / beneficiaries in accordance with the Will or the Washington State intestacy laws, as required.

*Note: This is meant to be a simple list of the requirements in step-by-step form, but there could be more or less steps / requirements, depending on the circumstances of the particular probate estate. This is by no means an exhaustive list, and should not be used as such.