[WSBAPT] Very general probate questions from a Real Estate Atty

[Dalynne Singleton]

I will attempt to assist with general answers.  My first advice would be to have a meeting/telephone conference with a probate attorney.  Provide more information on heirs, real property, assets, debts, heirs, whether there is a Will, and any other issues expected in the probate process.  Second, why would someone want to avoid probate when it is efficient and not at all costly if it is a simple real property transfer needed?


  1.  Is there anything that can be filed to forego a probate?  An estate needs to be opened in WA if there is real property - general rule.  You can attempt to get around this but in my experience, it is better to open estate and deal with it properly.  Is there a Will or will this estate be by intestacy distribution?  How is the property titled?  In the name of the decedent and a surviving spouse or as separate property?  More information is needed for advice.



  1.  If we do have to file probate, how long is the time frame to complete? 6-12 months? Just an estimate.  This will depend on whether there is debt, heirs to be found, but estimate is 4 months for creditors and 6 months if no debt and assets are easily recognized and transferred.  Again, are their heirs to be found, creditors that need to be addressed, a Will or not, a surviving spouse, etc?



  1.  How are the costs determined? Meaning will there be a 1% of the estate charged for the probate, etc.?  In Washington, there is no percentage of estate charge allowed as in other states.  Here, it is based on time and expenses.  The more complicated the estate and if there are heirs that will fight distributions, this will increase the attorney time dealing with assets and creditors.  If it is simple, should be done in 6 months if you need to allow for creditor claims.  I would provide an estimate of $2500-7500 as a general rule but again, there are a lot of unknowns in your post.


Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street Box 13
PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Due to COVID-19, I am working remotely.  As a result, I cannot accept any physical messenger service at this time.  Please email all pleadings and agreed upon service documents to my email.  In-person meetings are not possible at this time.  Email is the best way to reach me until further notice.  If you would like a telephone or Zoom conference, please email my probate paralegal theresa at glgmail.com<mailto:theresa at glgmail.com> or my personal injury paralegal dara at glgmail.com<mailto:dara at glgmail.com> to set such conference.

Thank you very much and stay safe!
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