Probate Attorney in Vancouver, WA

Probate is the court-supervised process in which property is transferred from the estate of a deceased person to his or her heirs and beneficiaries. It can involve a will or an estate where the deceased did not leave a will. As an attorney in probate, Kathleen assists individuals in qualifying as the personal representative of an estate and guiding them in their role as personal representative.

When Is Probate Required in Washington?

When someone passes away, a spouse, child, other relative, or friend may need to manage the person’s property and debts and distribute the estate. Some property can be transferred without a court proceeding. When court action is required, the process is called probate.

Whether probate is needed depends on factors including the type and value of the assets, how they are titled, and the estate’s creditors. A probate begins with a petition asking the court to appoint a personal representative. The personal representative collects, manages, and distributes estate property, handles valid creditor claims, and makes the final distribution to the heirs or beneficiaries.

Probate and Non-Probate Transfers

Some assets may pass outside probate. Examples can include property transferred under a community property agreement, jointly owned property with rights of survivorship, payable-on-death accounts, and assets with named beneficiaries such as life insurance, retirement accounts, or annuities.

Washington also provides a small-estate affidavit procedure for certain estates that meet the legal requirements and do not include real property. The correct process depends on the specific assets and circumstances.

Probate With or Without a Will

A person who dies with a valid will dies testate, and estate property subject to probate is distributed according to the will. If there is no valid will, the estate is intestate, and Washington law determines who inherits and who has preference to serve as personal representative. Learn more about probate without a will in Washington.

The Probate Process Includes:

  • Review and analysis of the Will or other dispositive documents.
  • Review and analyze the property owned by the decedent.
  • Preparation of the court documents necessary to probate the estate and qualify a personal representative.
  • Advise and guide the personal representative in the probate process about their duties, creditor and heir notification, and preparation of the estate inventory.
  • Assist with the transfer and distribution of estate assets.

Kathleen McCann has represented persons in probate, including:

Talk With a Vancouver Probate Attorney

Every estate is different. Contact the Law Office of Kathleen McCann to discuss the probate process and the responsibilities involved in serving as a personal representative.