|
| |
|
Probate
When a person dies, he or
she usually leaves assets in the form of real property, stocks,
bonds, money in bank accounts, personal property, etc. Through
the probate process, the legal heirs of decedent are identified,
the assets are marshaled, debts of the decedent are paid and the
remainder is distributed to the legal heirs. If the decedent had
executed a Last Will and Testament, the terms of the Will
dictate how the assets are distributed. Usually the Will names a
person to be appointed as a personal representative. Unless
there is an objection, the court will appoint the person named
in the Will to serve as the personal representative. It is this
person who, working with an attorney, manages the administration
of the probate. If no Will was executed during the decedent's
life, Washington State statutes provide a framework for how the
assets are distributed. In such a case, the court appoints
someone to serve as the administrator (the name for the person
who manages the probate when there is no Will or no one named in
the Will).
During the course of a probate the Washington State
statutes guide the attorney and the personal representative at
every turn. Certain notices must be provided to potential heirs
and to those that the decedent may have owed money before death.
Sometimes the personal representative will be granted powers by
the court to administer the probate without further intervention
of the court. Sometimes, the court does not grant such authority
and the personal representative must obtain court approval of
most actions.
There are occasions in which someone feels that the
decedent's Will was not validly executed. In such a case, a law
suit, called a will contest, may be filed with the court within
four months of the opening of the probate. Once all the disputes
are resolved, the assets distributed and fees paid, the personal
representative reports this to the court and the court will
enter an order closing the probate.
|
|
|
