What Is the Order of Probate in Washington?

Probate in Spokane involves many steps. An executor may need to handle things like funeral costs, debt assessment, estate taxes, and distributions to beneficiaries. With so many things to address, families might wonder about the order in which these steps occur. What happens first? What happens last? This is an important question because the order of these steps might affect the amount of inherited assets for beneficiaries.

Step One: Prove the Will Is Valid 

The first step in this process is to prove the legitimacy of the Will. The executor may need to examine the Will and search for any signs of concern. These might include missing signatures, missing witnesses, or evidence of incapacity. Remember, incapacitated people cannot create valid Wills. At this stage, interested parties may also “challenge” the validity of a Will. If this occurs, the probate process may experience further delays as the court attempts to get to the bottom of these allegations.

Step Two: Identify Assets 

The next step is to identify all the various assets in the decedent’s estate. Some of these assets might be easy to find, such as cash in a bank account or the family home. Other assets may be more complex. Some are difficult to locate, such as personal items scattered around the home. Others may be difficult to appraise, such as collectibles or antiques with unclear values. Whatever the case may be, the executor must determine the location and value of all these assets.

Step Three: Pay Debts and Taxes 

Identifying assets is important because the executor may need to use these assets to pay various debts and taxes. Washington State has clear rules about the “order of payment of debts” during probate. Some debts are considered more important than others, and they must be paid first.

Note that funeral expenses are considered a type of debt in this scenario. Not only that, but the cost of a funeral is the first debt that the executor should pay according to Washington law. This helps ensure that families will have enough to provide their loved one with a decent funeral – even if this individual died with serious debts.

In order of priority, other debts include medical bills, unpaid wages, government-related bills, unpaid taxes, liens, and all other liabilities.

Step Four: Distribute Assets 

If there are any remaining assets after debts and taxes are paid, the executor may distribute them to the beneficiaries. Note that there is no guarantee that this step will even take place, since many people die with much more liabilities than assets.

Can a Spokane Probate Lawyer Help Me? 

A Spokane probate lawyer may be able to help families who have questions or concerns about this process. As noted, the order of probate steps could affect the amount of inherited assets for beneficiaries. Executors who need help with probate may also want to contact probate lawyers for further guidance. To continue this conversation in more detail, contact Moulton Law Offices today.

Source: 

app.leg.wa.gov/rcw/default.aspx?cite=11.76.110