Monday, April 18, 2016

What is the Probate Process?

Very simply probate is a legal process that may be required after an individual passes away.  Here are the steps that must be taken during probate:

1.  You must petition the Superior Court to be appointed as personal representative and prove in court that the deceased person’s will is valid.
2.  You must identify and make an inventory of the decedent’s property.
3.  You must have assigned a value to all of the property, which may mean that you will need to have it appraised.
4.  You must pay from the estate’s funds all taxes and other obligations relating to the property and any other debts owed by the deceased individual at the time of death.

The executor of the will must manage all of the assets during the probate process.  Because title to property does not transfer automatically, even a perfectly drafted will does not avoid the need for probate in order to obtain clear title to the assets. However, if the decedent signed a community property agreement, it may be possible to avoid probate upon the death of the first spouse.

Seattle probate attorney Lyle Clark can prepare wills, powers of attorney and healthcare directives for you.  If you are proactive you can avoid a great deal of time and expense in the future.  Rely on the 35+ years of experience that Attorney Clark has had with estate planning and probate.  Set up a meeting at his Bellevue office today by giving him a call at (425) 452-3092.

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