The Affidavit Lack of Probate (or “No Probate”) is a factual confirmation which supports that the rightful heirs are entitled to their interest in the property after the passing of the Decedent. In some Washington Counties it may be recognized as a way to clear the Decedent's name off title.
Within its regular probate process, Washington offers a simplified version of probate that's available to many estates. This procedure is called "nonintervention administration." A personal representative with nonintervention powers can administer the estate without the court's supervision.
Using this procedure, the person entitled to the deceased's property obtains it by presenting an Affidavit of Successor to persons and institutions holding the deceased's property. The Procedure applies only to small estates where the value of the decedent's entire probate estate does not exceed $100,000.
Here are six common estate planning techniques that could allow you to sidestep probate in Washington: Revocable living trusts. Lower estate value. Joint ownership. Community property agreements. Transfer-on-death (TOD) deeds. Accounts with beneficiaries.
Certain elements are necessary to create a legal trust. The basic elements include a trustor, a trustee, one or more beneficiaries, trust property, and generally a written trust agreement. The person who creates a trust is called a trustor. This person may also be referred to as the “grantor” or “settlor”.
An affidavit in lieu of title is a legal declaration of ownership over property when an original title is misplaced or unavailable. In Washington, this document provides another avenue to establish ownership, ensuring that people retain rights to their property without having a physical title.
Here are some things to consider when drafting a letter to your executor or trustee. Your thoughts about wealth. Share your story about how you came to the assets that you are leaving in your will. How was your wealth created, what do you value and what are your long-term goals for your wealth?
To obtain letters testamentary in Washington State, the personal representative typically initiates the process by filing a petition with the probate court.