- Probate
- Will Contests
- Estate Disputes
- Mediation under TEDRA
Probate
Probate is the legal proceeding to settle the financial and legal affairs of a person who has died (termed the “decedent”). In Washington there are two “levels” of probate, depending on the size of the estate. The smallest estates can be handled by “probate by affidavit ” so long as the estate is worth less than $60,000 and has no real property. RCW 11.62. Larger estates require “probate administration”. RCW 11.28; 11.40 et. al.
According to a recent study of 50% of the probate cases filed in Stevens County, the average cost for attorney fees to probate an estate in Stevens County is about $4,000 (with a low of $810 and a high of $15500). The average net worth of the estate was $149,000 (with a low of $1,277 and a high of $729,566). Thus, the average cost in attorney’s fees was about 2% of the estate value. In contrast, in California probate costs 4% of the first $100,00 of net worth of the estate and declines by percentage as the net worth increases.
In Washington there are also two “types” of probate- “non-intervention” and “full intervention”. Most probate cases are “non-intervention” which means that once the probate is filed and the personal representative (aka “executor”) is approved by the court, the probate can be finalized without further intervention by the court. Typical nonintervention probates can be completed in about 6 months, including the 4 months required for the “creditor’s bar”- a process of publishing a legal notice to all unknown creditors to file a “proof of claim” within the time period or be forever barred from bringing a claim later against the estate. After the creditor bar has run the probate can usually be completed quickly and the estate’s net proceeds distributed to the legal beneficiaries.
Will Contests
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