Losing a loved one is a challenging time for any family. During the grieving process, heightened emotions can make the probate process especially contentious. Whether dealing with multiple heirs or disputes over a deceased family member’s will, these issues can become emotionally taxing. By seeking the assistance of an experienced probate law firm, you can work towards fair and efficient resolutions.
At Jackman Law in Seattle, Washington, our attorneys are committed to guiding clients through probate litigation following the loss of a loved one. Legal disputes are the last thing anyone wants to handle during such a difficult period, but they are often unavoidable when addressing a deceased person’s will or the lack thereof. The pain of loss can intensify if heirs feel unfairly treated regarding the estate distribution. To navigate the probate process with minimal stress, rely on our knowledgeable Seattle probate lawyers.
UNDERSTANDING PROBATE IN SEATTLE, WASHINGTON
Probate involves validating a last will and testament to ensure it is legally binding and the deceased’s wishes are honored. If no will exists, the probate court decides how to distribute the deceased’s assets. Probate might only take weeks or months for smaller estates, but larger estates can extend the process over years. Anyone with a legitimate claim to the estate’s assets can contest the will or file a petition, potentially prolonging the proceedings.
Certain assets bypass probate, such as bank accounts, retirement funds, and life insurance policies with designated beneficiaries. Assets held in a trust are also managed separately according to the trust’s terms.
ELIGIBILITY TO FILE A PETITION WITH PROBATE COURT
Only interested parties with valid legal grounds can petition the probate court. Washington’s Probate Code defines interested parties as:
- Heirs (direct family members)
- Beneficiaries
- Creditors
- Individuals with a property right or claim against the estate
However, being an interested party alone isn’t sufficient. You must also have a valid legal reason for filing, such as:
- The deceased’s incapacity when writing the will
- Inappropriate or insufficient witnesses
- Fraud or undue influence
- A more recent valid will
- Ambiguous provisions in the will
If you’re unsure of your eligibility to file a petition, our experienced Seattle probate lawyers can evaluate your situation and provide guidance.
STEPS IN THE PROBATE PROCESS
Despite common misconceptions, having a will doesn’t avoid probate but guides it, making the process smoother. The probate process typically involves these nine steps:
- Consult with an attorney to discuss your case
- File a petition with the probate court
- Notify creditors of the deceased
- Inventory the deceased’s estate
- Close the creditor period and pay valid debts
- File and pay estate taxes
- Complete the final estate accounting
- Distribute remaining assets to beneficiaries
- Close the estate
The probate process can be daunting for those unfamiliar with it, but you don’t have to face it alone. Our probate lawyers are equipped to assist you through each step.
CONTACT A SEATTLE PROBATE LAWYER TODAY
Following the loss of a loved one, you may face both emotional and financial challenges. The death of a family member often brings disputes over their will and estate. Our Seattle probate lawyers are here to help if you need to go through probate.
Jackman Law is dedicated to assisting clients in Seattle and throughout Washington with probate matters. We understand how overwhelming probate disputes can be and are committed to providing you with trusted legal representation. To schedule a free initial strategy session, contact us.