Probate
Responsive Spokane Probate Attorneys
As your attorney, we take the mystery out of the probate process. When you are facing the prospect of probating an estate for the first time, the process of facing the courts can be quite intimidating.
Washington law is well-developed in this area and is codified under Title 11 of the Revised Code of Washington (RCW). A road map (and guide) to the probate process is helpful to understand the overall process and the related laws.
Often, our clients request us to attend Court and complete the process of filing the necessary legal documents to open probate. Others want to go to Court themselves, but ask that their attorney go with them. We have found clients like an attorney present to be available to answer any questions that the judge may have. Our Spokane probate lawyers provide personalized guidance, tailoring our services to align with each client's unique needs and preferences.
Our Approach To Probate Law
We take our representation responsibilities as the personal representative, (otherwise known as the Executor) and Third Party Representative very seriously. We consider the request to assist in the settling of a loved one's estate to be a supreme honor. Our firm approaches each estate individually, with careful consideration, and empathy. Our experience allows us to help our clients avoid mistakes and complete the process more efficiently. There are often opportunities to conserve the resources of the estate which we will present to our clients. Our Spokane probate lawyers also bring to our representation the understanding that emotions often ride high during these difficult times. Losing a loved one affects different people in different ways.
Your assigned attorney strives, from the beginning of representation, to foster pathways of communication, between family members, designed to avoid wasteful argumentation and to facilitate the healthful closure that the probate process can offer. We stand ready to protect, equally, the interests of all interested parties, as required by the law.
Last Will
If a Will exists, the executor must file it with the Court within 30 days of the decedent's passing. (RCW 11.20.010). It is not necessary to open probate when filing a Will.
Intestacy
If no Will is in existence or located, then the decedent is considered to have died “intestate.” In that case, Washington law determines if you may be appointed as executor (personal representative) for the estate and how any assets will be distributed.
Jurisdiction
A particular court's authority to act on a matter is described by the term ‘jurisdiction. Washington law offers various avenues to initiate a specific probate in terms of probate proceedings. We consider factors such as the decedent's residence or property ownership.
Opening Probate
The opening of probate is initiated when an interested party petitions the court for appointment as “Personal Representative,” for estates where a Will has been filed, or “Administrator,” where there is no Will present.
In Washington, the terms Personal Representative and Administrator replace the terms “Executor” or “Executrix,” used elsewhere.
Your Spokane probate attorney from The Whipple Law Group will help you draft the Petition for Opening Probate and Appointment making sure you include all the information necessary for the Court to take action and for the process to move smoothly. In addition, your probate attorney will provide you with the Oath of Personal Representative and Letters of Appointment (or Administration for intestate estates) that you will need to open the probate.
After Opening Probate, What's Next?
Once probate is opened and the necessary “Letters” have been obtained, it is time to go to work.
Remember, once the Personal Representative is appointed, that person is under many legal obligations to the court and all interested parties regarding their conduct and the probate of the estate. As the probate attorney for the Estate or the Personal Representative, it is our job to inform the Personal Representative of these obligations and assist them in carrying these out correctly.
Required Notices
At The Whipple Law Group, your Washington probate attorney will prepare the required legal notices that must be sent out announcing the opening of probate. In addition to the heirs and beneficiaries, different state agencies are provided notice. We also help our clients contact the IRS, obtain an EIN number, and correctly open relevant estate bank accounts.
Estate Inventory
One of the critical duties of the Personal Representative is to complete an estate inventory. Completing the estate inventory must occur shortly after opening probate. At The Whipple Law Group, we lend our experience to our clients so they can locate assets and place them under the legal control of the estate. It is highly recommended to not distribute money or objects until completing the inventory.
Probatable versus Non-Probatable Property
It is important for the Personal Representative to distinguish between property that is subject to probate and property that transfers outside of probate. We assist our clients locate and assign estate property to one or the other of these categories. The Personal Representative must inventory all property, whether or not it is subject to probate.
Creditors' Claims
The Personal Representative bears the legal obligation to treat all individuals with an interest in the estate impartially, ensuring fairness without favoritism. Interested parties may include potential creditors—individuals or entities to whom the decedent owed money prior to their passing. The right of an estate creditor to collect may be lost if they do not properly present claims against the estate. Your probate attorney assists the Personal Representative in drafting the required notice to creditors, tracking responses, and determining whether they were legally presented. In cases where claims are not presented properly, we provide advice to the Personal Representative on how to deny the claim for the benefit of the estate.
Real Estate Transactions
Probate often involves the transfer of real property, such as, homes, commercial properties, and land. Our experience in land use matters allows us to assist our clients in arranging for legal real estate transfers. We assist clients in establishing ownership, clearing and retitling of deeds, and property title reconveyances.
We help our clients to negotiate the settling of mortgage interests while facilitating the closing and recording of deed documents. It is important that the Personal Representative complete these transactions in a legal and economical manner. Our knowledgeable Whipple Law Group estate attorneys stand ready to assist you in these matters.
TAXES
Personal Representatives must ensure they pay any tax liabilities from estate assets to the court. Our firm does not provide specific legal advice regarding taxes. Instead, we advise our clients to make initial contact with the IRS and a certified public accountant. Your Whipple Law Group probate attorney stands ready, at all phases of the probate process, to assist these professionals in completing their duties.
TEDRA
TEDRA is an acronym that stands for the Washington Law, Trust and Estate Dispute Resolution Act. This law allows beneficiaries of an estate to join together in an agreement regarding the distribution of estate assets. This is often a useful vehicle for settling disputes and arriving at amicable agreements without involving costly litigation. The Whipple Law Group has been successful in facilitating such agreements to the benefit of all the parties. We assist in negotiation and discussion, where appropriate, and are available to draft the final document memorializing the agreement for filing with the court. Your probate attorney will advise you whether the TEDRA process would be beneficial in your case.
Closing
When the Personal Representative has finished completing the probate duties, your attorney will assist you in preparing a final report for the court and arrange for the closing of the probate. Closing the probate properly is critical to securing court approval for the Personal Representative's work and relieving them of responsibilities at the end of the probate process.
Searching for an 'estate attorney near me' or 'probate attorney near me'? Look no further—you've found the estate planning team you can trust. Whether you're securing your legacy or navigating probate, our dedicated Washington attorneys are ready to guide you every step of the way. Reach out today at or fill out the form below and discover how we can protect what matters most to you.