Washington Probate Checklist: A Step-by-Step Guide for Executors

Losing a loved one is never easy, and handling their estate can feel overwhelming. If you’ve been named as an executor, you’re stepping into an important role that requires organization and patience. At Jackman Law Firm, we understand how challenging this process can be, and we’re here to help guide you through each step.

Probate is the legal process of managing and distributing a deceased person’s assets. While it might seem complicated, a well-structured checklist can make things more manageable and help you avoid unnecessary roadblocks. Below, we’ve laid out a step-by-step guide to help you through the Washington probate with confidence.

Step-by-Step Washington Probate Checklist

Handling probate step by step ensures that nothing gets overlooked. Below is a structured guide to help executors efficiently manage the estate.

1. Initial Steps

Before you proceed with the legal process, there are a few immediate tasks you’ll need to take care of.

• Obtain Multiple Certified Copies of the Death Certificate – You’ll need these for financial institutions, insurance claims, and legal filings. Order several copies from the funeral home or the Washington State Department of Health.
• Locate the Will and Other Estate Planning Documents – Search for the original will, any trusts, and estate-related paperwork. If you can’t find these documents, check with the decedent’s attorney or safe deposit box.
• Notify the Social Security Administration (SSA) – If the deceased was receiving Social Security benefits, notify the SSA as soon as possible to avoid overpayments.
• Secure the Property and Valuables – Make sure the deceased’s home, vehicles, and belongings are safe. If necessary, change locks and take inventory.
• Arrange for Pet Care – If they have pets, arrange for their care immediately.
• Forward Mail and Cancel Unnecessary Services – Set up mail forwarding to ensure you receive important documents. Cancel subscriptions, memberships, and utilities if no longer needed.

2. Starting the Probate Process

Now that the immediate matters are taken care of, it’s time to initiate probate if necessary.

• Determine if Probate is Necessary – In Washington, probate may not be required for small estates (valued under $100,000 with no real estate). If this applies, you might be able to transfer assets through a simpler process.
• File the Will with the Superior Court – If probate is required, the will must be filed with the court in the county where the deceased lived.
• Petition for Appointment as Personal Representative – If you are named as executor in the will, you’ll need to file a petition with the court. If no will exists, a close family member can petition to be appointed as the administrator.
• Obtain Legal Authority to Act – The court will issue Letters Testamentary (if there’s a will) or Letters of Administration (if there isn’t), giving you the authority to handle the estate.
• Set Up an Estate Bank Account – If necessary, obtain a Federal Employer Identification Number (EIN) for the estate and open an account to manage estate funds.

3. Inventory and Asset Management

Once you have legal authority, your next responsibility is identifying and safeguarding assets.

• Locate and Inventory All Assets – This includes:
  • Bank accounts
  • Safe deposit boxes
  • Real estate holdings
  • Stocks, bonds, and other investments
  • Personal belongings, such as vehicles, jewelry, and collectibles
  • Life insurance policies and retirement accounts
• Get Professional Appraisals for Valuable Assets – If the estate includes valuable property like real estate or art, obtain professional appraisals to determine fair market value.
• Collect Outstanding Debts – If anyone owes money to the deceased, it’s your job to collect those funds on behalf of the estate.
• Protect Estate Assets – Keep insurance policies current, maintain real estate properties, and make sure assets don’t lose value while probate is ongoing.

4. Notification Requirements

As the executor, you must notify interested parties about probate proceedings.

• Notify Heirs, Beneficiaries, and Creditors – This must be done within a certain timeframe (typically 20 days) after being appointed.
• Publish a Probate Notice to Creditors – To inform unknown creditors, you must publish a notice in a legal newspaper in the county where the deceased lived.
• Notify the Washington Department of Social & Health Services (DSHS) – If the deceased received Medicaid benefits, DSHS must be informed to determine whether they have a claim against the estate.

5. Handling Financial Responsibilities

Managing the estate’s finances is one of the most critical roles of an executor.

• Pay Valid Claims and Debts – Prioritize payments in this order:
  • Funeral and burial expenses
  • Outstanding taxes
  • Secured debts (such as mortgages)
  • Unsecured debts (like credit cards)
• Maintain Estate Expenses – Ensure that the mortgage, property taxes, and utilities are paid while the estate is being settled.
• File Necessary Tax Returns – This may include:
  • The final income tax return for the deceased (Form 1040)
  • Estate income tax returns (Form 1041) if the estate earns income
  • A federal estate tax return (Form 706) if the estate exceeds federal exemption limits
  • Washington State Estate and Transfer Tax Return (if required)

6. Distributing Assets and Closing the Estate

Once debts are settled and assets accounted for, the final phase begins.

• Prepare a Distribution Plan – Before distributing assets, you may need court approval, depending on the estate.
• Distribute Assets According to the Will (or State Law if No Will Exists) – Make sure everything is distributed properly.
• Prepare a Final Accounting Report – Keep detailed records of all transactions, payments, and distributions.
• File Closing Documents with the Court – This includes a final accounting and petition for closing the probate case.

7. Additional Considerations

Probate can get complicated, especially if the will is contested or if there are significant assets.

• Legal Guidance is Highly Recommended – A probate attorney can help prevent costly mistakes, especially with tax issues or family disputes.
• Understand Executor Fees – Executors may receive compensation based on Washington’s guidelines, which may be a percentage of the estate or reasonable fees.
• Know Your Responsibilities and Risks – Mismanaging funds could result in personal liability. Keeping accurate records and following legal guidelines is crucial.

Common Probate Challenges and How to Avoid Them

Even with a clear plan, unexpected issues can arise. Some of the biggest challenges include:

• Will Disputes – If heirs challenge the will, the process can become lengthy and stressful.
• Disagreements Among Beneficiaries – Family conflicts can cause delays. Clear communication and mediation can help.
• Complex Asset Management – Estates with multiple properties or investments require careful handling.
• Creditor Claims – Unexpected claims against the estate can complicate the process.
• Tax Concerns – Overlooking tax obligations can lead to penalties. Professional advice is invaluable.

Handling Probate with Confidence – Partner with Jackman Law Firm

Settling an estate is a big responsibility, and mistakes can be costly. At Jackman Law Firm, we’ve been helping Washington families since 2014. Our team provides personalized legal support, ensuring executors have the guidance they need to handle probate correctly.

If you’re managing an estate, we’re here to help. Call us today at 206-558-5555 to discuss your case and get the legal support you deserve.