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

[Heather de Vrieze]

Rich,

Working with title can sometimes avoid probate, but probate is not something to "avoid" necessarily.

Probate can be started within a few weeks (full authority to act) and can be completed as quickly as a few weeks and can take as long as a few years, depending on the assets parties and issues involved. Fees are not based on the value of the estate, but the work performed by the Personal Representative and professionals involved, (except sale of real estate, usually the realtor takes a fee based on a percentage of the sale price).

Most of the simple probates that I assist clients in administering are resolved within one year, but many are completed much faster. The fees are generally a few thousand dollars.

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Rich Holland
Sent: Monday, November 16, 2020 11:02 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Very general probate questions from a Real Estate Atty

Hello,

I have a real estate client that asked me (not in these words of course) the following yesterday in the context of purchasing/selling real property:


  1.  Is there anything that can be filed to forego a probate?



  1.  If we do have to file probate, how long is the time frame to complete? 6-12 months? Just an estimate



  1.  How are the costs determined? Meaning will there be a 1% of the estate charged for the probate, etc.?


My response ... crickets.

I know that a "non-probate affidavit" can be utilized by heirs by I do not claim to know if there are other ways, nor do I have any general response to questions 2 or 3.  Obviously, all of these can be incredibly fact specific, I am just trying to find out for them if there are somewhat 'general rules'.  Any help/guidance from a Probate Attorney would be greatly appreciated.

Sincerely,

Richard L. Holland
Attorney, WSBA# 23921

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