Top 10 Questions: Probate
- Bryana Crossbean
- May 8, 2017
- 2 min read
1) What is probate?
Probate is the legal process of distributing a person’s assets and paying off debts after they pass away.
2) How long is probate?
Washington has one of the shortest and simplest probate processes in the country. It typically lasts only 4–6 months. Most of that time is simply waiting out the 4-month period during which creditors can make valid claims against the estate. By comparison, in states like California, probate often takes 18 months or more.
3) Is probate hard?
Not usually — especially if family members get along.
4) Should I try to avoid probate?
Not necessarily. For simple estates with cooperative families, probate is often straightforward.
5) How can I avoid probate?
There are several ways:
Estates worth less than $100,000 with no debts
Community property agreement (only applies after the death of the first spouse)
Revocable living trust (if property has been properly placed in the trust)
Insolvent estate (more debts than assets)
Only owning assets that are not subject to probate
6) What assets are not subject to probate?
Examples include:
Joint bank accounts
Life insurance policies
Accounts with a payable-on-death (POD) designation
Certain brokerage accounts
Assets in certain types of trusts
Property with a transfer-on-death (TOD) deed
7) Will my estate be subject to estate taxes?
It depends. There are two possible estate taxes:
Federal estate tax – applies to estates worth more than $5.45 million
Washington estate tax – applies to estates worth more than $2.01 million
If your estate is worth less than $2.01 million, no estate tax applies.
8) Is there an inheritance tax?
There is no federal inheritance tax, and Washington does not have one either. However, some states do impose an inheritance tax.
9) What happens if someone dies without a will?
Probate will likely still be necessary. Washington law has a hierarchy for who inherits: spouse, then children, then parents, then siblings, and so on.
10) Do family members have to pay the deceased person’s debts personally?
Only if they co-signed the debt. Otherwise, family members are not personally liable. However, the deceased person’s home could be foreclosed on if there is an outstanding mortgage. Credit cards, medical bills, and other debts in only the deceased person’s name do not have to be paid by surviving family members.
Get clear answers about probate in Washington
Probate doesn’t have to be overwhelming. Whether you want to understand the process, learn how to avoid it, or prepare for it, we’re here to guide you every step of the way. At Prudent Planning Legal, we’ll answer your questions and create a plan that works for you and your family.
