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

[Diane J. Kiepe]

Hello Richard,

Here is how I would answer these questions if posed to me -


  1.  In my 16 years of experience, for non-heirs to receive property owned by a decedent there must be a probate.  If you client is alike and looking to avoid probate of real estate at death he/she can make a Transfer on Death Deed in Washington (which is preferable when compared to the legal effects of a Joint with ROS Deed).



  1.  If an estate involves real estate in Washington, (at least in Spokane County), a probate is likely.  A probate, without difficult people/property typically takes 6 months - 4 month creditor period and 2 months between finding matching dates between the PR and Attorney.  During that time however, it is just time ticking away and real estate that is to be sold can be listed/sold in that time with proceeds distributed into an estate account.  I tell people all the time, in Spokane County, probate is very user friendly (you almost always get Letters the same day you open the probate).  What creates issues in probates are difficult people and challenging property - by way of example, a very high priced home - the market is only so big and such a home might not sell easily; on the flip side, a hoarders home may take months to clear out and require special attention etc.  This is not the probate process creating delays, these issues exist whether there is a probate or not.



  1.  Washington State does not have a % fee - I typically quote around $3,500 for an average probate.  If there is a blended family, no Will, lots of trusts to be set up I estimate accordingly based on my hourly rate of $310/hour.

I hope this helps.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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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