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Living Trusts are Commonly Used to Avoid Probate in Washington State. A living trust can be revocable, and this basically means that the person who created it has the ability to end or change it, providing you're still mentally capable.
This process requires you to take the following steps: Open probate. ... Notify all interested parties of your appointment as personal representative. ... Notify the Department of Social and Health Services (DSHS). ... Gather assets and information. ... Prepare an inventory and appraisement. ... Determine debts. ... Notify creditors.
The petition for letters testamentary or letters of administration will request that the court authorize the personal representative to administer the estate under Title 11 of the Revised Code of Washington (?RCW?).
The Small Estate Affidavit. Washington law permits the use of a small estate affidavit in certain circumstances. Before using a small estate affidavit, you should first ask whether the deceased person had less than $100,000 in probate assets. If they did, you can probably use this process.
Probate in Washington is entirely discretionary, and probably only a few percent of deaths in Washington result in a probate being filed. In Washington, if a probate is filed, it is because someone wants it to be filed, NOT because the law requires it.
Probate proceedings are not necessary for all estates. Factors including the value, nature, and titling of assets de- termines whether a probate is required. Washington law provides a simpli- fied procedure for the transfer of assets in a small estate when the value of such does not exceed $100,000.
Did you know that if you die without a will, a revocable trust, or some other means to pass your assets upon death, they will be distributed to your relatives under the Washington State laws of intestacy? Under those laws, if you are married your spouse gets all of the community property.
Lack of probate affidavit" means a signed and notarized document (by any heir)declaring that the affiant or affiants are the rightful heir or heirs to the property and containing the following information: (i) The names of the affiant or affiants; (ii) The relationship of the affiant or affiants to the decedent; (iii) ...