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Probate
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Probate Attorney in Tacoma

Nearly Two Decades Guiding Pierce County Families Through Probate

Even a carefully prepared estate plan rarely anticipates every asset or circumstance. Gaps are common, and when they appear, probate is how Washington law steps in to validate a will, settle outstanding debts, and transfer assets to the people entitled to receive them. McCarthy Law Office, PLLC provides probate and estate administration services to families throughout Tacoma and Pierce County, WA, with Attorney Conor McCarthy directly involved at every stage. Nearly two decades of experience in Washington estate law means clients aren’t handed off to associates or support staff when questions arise.

Contact us online or at (844) 224-5029 for your free initial consultation with a Tacoma probate and estate administration attorney.

Probate & Trust Administration

Probate is the court-supervised legal process that follows a death. It covers proving a will’s validity, inventorying the decedent’s property, appraising assets, paying debts and taxes, and distributing what remains to heirs and beneficiaries under the will or, when no will exists, under Washington’s intestacy statutes. Executors can benefit from legal guidance to meet their obligations completely. Heirs and beneficiaries with a stake in the outcome may also need representation to protect their interests.

Trust administration is a parallel process that governs assets held in a revocable or irrevocable trust. Because trust assets generally pass outside of probate court, trust administration follows its own procedures. We represent both personal representatives navigating the administration process and heirs or beneficiaries who need their interests protected throughout.

The personal representative carries a fiduciary duty to act in the best interests of the estate and its beneficiaries. Failure to meet that duty can result in personal financial liability, which is why proper legal guidance from the outset matters.

The Six Steps of Probate Administration in Washington

We work through both straightforward and complex estate administration with clients every step of the way. Here is how the process typically unfolds:

  1. We gather all relevant information about the decedent, the estate planning documents, and the assets involved.
  2. We file a petition with Pierce County Superior Court to have the appropriate individual appointed as Personal Representative or Administrator of the Estate. Depending on the circumstances, the court may supervise the administration or allow it to proceed without ongoing court oversight.
  3. We provide statutory notice of the estate administration to heirs, beneficiaries, and creditors. Washington law also requires publication of notice in a local newspaper to alert unknown creditors.
  4. We observe the four-month creditor claim period required under RCW 11.40. During that time, we work with you to inventory estate assets and take steps to preserve and maintain them.
  5. After creditor claims are resolved, assets are distributed to heirs and beneficiaries under the will or, where no will exists, under Washington’s intestacy laws (RCW Chapter 11). The process is the same whether or not a will exists.
  6. We close the estate. Depending on the circumstances, closure may require only the filing of documentation with the court or may require formal court approval.

You won’t need to learn Washington’s probate statutes or court procedures. We handle all paperwork, prepare every legal document, and file everything with Pierce County Superior Court so you can focus on your family while we manage the legal process.

Probate Costs & Timeline in Tacoma

Probate costs in Washington typically include the Superior Court filing fee, newspaper publication costs for the creditor notice, attorney fees, appraisal fees for asset valuations, and potential personal representative fees. The exact total depends on estate complexity, the number and type of assets involved, and whether any disputes arise. Washington probate generally takes six months to over a year to complete. Estates with organized records and clear documentation move through the process more efficiently than those with missing paperwork or unclear title.

We work with clients early to anticipate cost variables and structure the administration to minimize unnecessary expense and delay. Understanding what’s ahead allows families to plan for the process rather than react to it.

For your free initial consultation with our Tacoma estate administration attorney, contact us online or call (844) 224-5029.

Non-Probate Assets: What You Need to Know

Some assets pass entirely outside the probate process. These non-probate assets typically include investment accounts with named beneficiaries, life insurance policies, and assets held in trust. They transfer directly to designated beneficiaries through transfer-on-death designations, without going through Pierce County Superior Court.

That said, non-probate assets don’t disappear from the broader estate picture. They’re generally included when calculating the gross estate for estate tax purposes and may be subject to valid creditor claims against the estate. We advise clients on how non-probate assets interact with the overall estate administration strategy and affect tax exposure.

Washington State & Federal Estate Tax in 2026

Estate tax questions often become more pressing during administration than they were during planning. Any property transferred at death may be subject to both the federal estate tax and the Washington State estate tax, though both apply only above specific thresholds.

Current estate tax thresholds for 2026 are as follows:

  • Federal estate tax: The federal exemption is $15,000,000 per person for 2026, per the One Big Beautiful Bill Act (P.L. 119-21). The 40% federal rate applies to the taxable portion above that threshold.
  • Washington State estate tax: Washington’s exclusion amount is $3,076,000 for decedents dying between January 1 and June 30, 2026, with graduated rates ranging from 10% to 35% applying to the taxable amount above that threshold. For decedents dying on or after July 1, 2026, the exclusion resets to $3,000,000 and graduated rates of 10% to 20% apply, per ESB 6347.

Washington’s estate tax is not portable between spouses, unlike the federal exemption. A couple relying on the federal portability rules may still face Washington estate tax exposure on the first spouse’s death without proper prior planning. We don’t provide tax advice, but we help clients determine whether a taxable estate exists and outline the appropriate next steps so that qualified tax counsel can be engaged where needed.

Community Property Agreements & Probate in Washington

When a spouse passes away, probate can sometimes be avoided entirely if the couple had a Community Property Agreement in place. Under Washington State law, a CPA causes the decedent’s interest in community property to pass to the surviving spouse by operation of law, typically without a probate action in Pierce County Superior Court.

Even so, the surviving spouse must still take specific legal steps to properly transfer the decedent’s assets. Depending on the language of the CPA, separate property may require a separate legal action. We prepare the documentation required to complete the asset transfer and advise on any steps needed for property the CPA doesn’t cover.

Navigating Probate Disputes in Washington

Disputes can arise during probate for reasons ranging from questions about a will’s validity to disagreements over asset distribution or a personal representative’s conduct. These disputes are emotionally difficult and legally complex. Prolonged litigation depletes estate assets and extends the administration period, which is why early legal engagement matters.

In Washington, a will may be contested on grounds of undue influence, lack of testamentary capacity, or fraud. We represent clients in probate disputes with a focus on resolution that protects all parties’ legitimate interests. Our Probate Litigation practice covers both contested matters and disputes involving personal representative conduct.

Contact a Tacoma Probate & Estate Administration Attorney

Families navigating probate in Pierce County deserve direct access to the attorney handling their matter, not a rotating cast of paralegals or associates. At McCarthy Law Office, PLLC, Attorney Conor McCarthy is involved from the first consultation through estate closure. We offer a free initial consultation for probate and estate administration matters so you can understand your options before committing to anything.

Call (844) 224-5029 or reach us online to schedule your free consultation with a Tacoma probate attorney today.

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FAQs About Probate

What Is the Role of a Personal Representative in Probate?

The personal representative, often called an executor, is responsible for gathering the decedent’s assets, notifying beneficiaries and creditors, managing and resolving claims against the estate, and distributing assets to rightful heirs. They must also file required documentation with the probate court. This role carries a fiduciary duty under Washington law, meaning the personal representative must act in the best interests of the estate and its beneficiaries at all times. Failing that duty can result in personal legal and financial consequences.

How Can I Avoid Probate for My Estate in Tacoma?

While probate serves a valuable function, many people wish to avoid it to save on time and costs. Options in Washington include establishing revocable living trusts, which allow assets to pass directly to beneficiaries without going through probate, holding assets in joint tenancy, entering a community property agreement with a spouse, and designating beneficiaries on non-probate assets. The right combination depends on your circumstances. A probate attorney can help you implement these strategies correctly.

How Does Probate Handle Debts and Creditors?

The personal representative must publish a notice in a local newspaper and directly inform known creditors, giving them four months to submit claims under RCW 11.40. During that period, the personal representative should verify the validity of each claim to protect the estate from unfounded demands. Proper handling of this step helps preserve the estate’s value for rightful heirs.

What Happens if There Is No Will? Is Probate Still Necessary?

When there is no will, the estate is considered intestate, and Washington’s intestacy laws govern distribution, typically favoring close relatives. Probate is still generally required to appoint a personal representative and oversee the process. The procedural steps are the same as they would be with a will in place.

How Does Washington’s Estate Tax Affect Common Pierce County Assets?

Washington’s estate tax threshold is $3,000,000 for deaths on or after July 1, 2026, well below the $15,000,000 federal exemption. For Pierce County families, residential real estate values, retirement account balances, and life insurance death benefits can combine to push an estate above that state threshold even when it appears modest on the surface. Unlike the federal exemption, Washington’s exclusion isn’t portable between spouses. Estates approaching the $3,000,000 mark can benefit from early attention during administration so that a qualified tax professional can be engaged promptly.

Contact our Tacoma probate attorney by calling (844) 224-5029 for a free initial consultation.

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Client Testimonials

We Treat Our Clients Like People, Not Numbers
    “I was really grateful for the way they walked me through that process”
    “They provided direction through the complexity of that situation”
    - Jess B.
    “He made my life less stressful, and a lot easier.”
    “Conor McCarthey did an amazing job! He made my life less stressful, and a lot easier. If you need a lawyer, he's the man!”
    - Mark M.
    “I am very grateful”
    “I had to find another lawyer to take on a probate case that had been already dragging on for about four years. Without a referral of any kind I tried calling in to a few offices, one of them being Conor’s.”
    - Brandon L.
    “Our family highly recommends Conor for estate planning expertise!”
    “Conor McCarthy recently drafted our estate planning documents. He also assisted my folks in updating their trust and related documents. Conor is friendly and easy to work with and his fees are very reasonable.”
    - Diane W.
    “We would definitely recommend McCarthy Law.”
    “We had a great experience with McCarthy Law. Conner was invaluable in guiding us through every step of the process and worked diligently researching or case. We would definitely recommend McCarthy Law.
    - Kevin C.
    “Highly recommend!!”
    “Nothing but excellent service from Conor and his staff at McCarthy Law. Very friendly, professional and knowledgeable in assisting myself in executing our families estate needs. Highly recommend!!
    - Michael P.
    “Very timely and nice group of people.”
    “McCarthy Law helped update our will this fall. Very timely and nice group of people.”
    - Jan N.
    “Conor was great to work with!”
    “Conor was great to work with! He listened to what I wanted and provided guidance without making me feel like I didn't know what I was doing. He communicated clearly, got things done right on schedule. I'll gladly work with him in the future if the need ari”
    - Julia E.
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