When someone passes away, there is often a lot of confusion about what happens next. One of the most common questions we hear is, “Do I need to go through probate?” The answer is that probate can be a very useful and important process — and in many cases, it’s the best way to make sure everything is handled properly.
Probate technically means proving a will before the court, but in practice it refers to the entire process of handling someone’s estate after they pass away. Whether there is a will or not, probate is the legal process that allows a personal representative (PR) to be appointed to manage the estate.
Why Probate Matters
Probate gives families and beneficiaries peace of mind by:
- Allowing the court to appoint a PR to manage the estate
- Notifying creditors and beneficiaries
- Resolving debts and claims
- Transferring assets to the correct beneficiaries
- Providing legal closure and protection for everyone involved
While probate isn’t always legally required, it is often the most efficient way to get the estate wrapped up and to protect the PR from personal liability.
Who Can Start Probate
Under Washington law, several people can petition the court to start a probate case, including:
- The person named as PR in the will
- A surviving spouse or registered domestic partner
- Next of kin, such as children, parents, siblings, grandchildren, nieces or nephews
- A trustee of a living trust
- A creditor of the estate
How Probate Works
Probate generally follows a series of steps:
- A petition is filed with the court.
- The court appoints a PR and issues “letters” authorizing them to act on behalf of the estate.
- Creditors and beneficiaries are notified.
- Assets are gathered and debts are paid.
- The remaining assets are distributed to the beneficiaries.
- The estate is closed with a final report or decree.
In many cases, Washington allows a simplified process called non-intervention probate. This gives the PR authority to handle most steps without ongoing court involvement, saving time and expense.
Common Probate Challenges
Even when things go smoothly, probate can be stressful. Issues can arise if there is no will, if beneficiaries disagree, or if there are complicated assets or debts. Washington has a process under the Trust and Estate Dispute Resolution Act (TEDRA) to help resolve disputes through agreements or mediation.
Probate vs. Trust Administration
Some families avoid probate by creating a revocable living trust. While this can be a good planning tool, trust administration may involve a legal process (if creditor protection is sought) and fiduciary duties for the trustee are much broader. Both probate and trust administration have advantages, and it’s important to choose the right strategy for your family.
Get Help with Probate in Tacoma
Probate doesn’t have to be intimidating. With the right help, it can be a straightforward process that brings closure and peace of mind.
If you need guidance with probate in Tacoma or anywhere in Pierce County, we are here to help. Call McCarthy Law Office at (253) 484-0142 or fill out our online form to schedule a consultation.