The Four Basic Steps to Probate:
The probate process consists of four basic steps. These include:
Opening includes filing with the court any last will and petitioning for appointment as personal representative of the estate.
Inventory includes marshalling and securing all the probate assets of the estate.
Creditors Claims includes identifying and resolving any debts owed by the decedent.
Closing includes satisfaction of tax liabilities, estate accounting, court approval and distribution of assets.
Each of the steps are described in greater detail under the pertinent sections contained in the Probate website
A list of definitions of terms commonly used in probate activities is located here
Probate in Washington is governed by the laws or statutes of the state. The statutes are codified and named the Revised Code of Washington, commonly referred to as RCWs.
The RCWs are structured, much like the contents of a book, by Title, Code, Section and Subsections.
The majority of the Probate statutes are located under Title 11 of the RCWs.
These statutes provide a roadmap for navigating the way through probate and probate law. (Click here to see a listing of relevant Washington probate laws).
Probate laws are outlined between Chapters 11.02 through 11.86. Each chapter contains multiple individual section statutes. A careful reading all the individual sections is very important: the titles of the chapters and even the titles of individual statutes can be misleading. For example, RCW 11.28.240, which governs requests for special notices of proceedings in a probate, is found under Chapter 11.28: Letters Testamentary and of Administration. The entire collection of probate statutes must be understood, as a whole, as each section works in conjunction with, and may even modify, other statutes or chapters in Title 11. One of the roles of an attorney, during probate, is to assist in understanding the requirements and responsibilities described by the relevant statutes.
Throughout this website, you will find links to the relevant statutes pertaining to the subjects being discussed. It is helpful, at the outset, to familiarize yourself with the layout and subject matter of the various statute headings and content dealing with probate.
Helpful hint: Click here and review the various sections of the statutes. Navigate down to the various sections and subsections in order to develop a feel for how the RCW laws are laid out and presented.
You will note that Title 11 also includes statutes related to Wills, Trusts and Guardianships, in addition to probate.
Proper estate planning before the death of an individual can be extraordinarily helpful when it comes time to probate an estate. Consult with an experienced estate planning attorney to ensure this has occurred for you and your family members.