How are the provisions of a will carried out?
(or "what is probate?")

They are carried out through a court-supervised process called probate. Typically, the executor named in your will starts the probate process after your death by filing a petition in court and seeking official appointment as executor. The executor then takes charge of your assets, pays your debts and, after receiving court approval, distributes the rest of your estate to your beneficiaries. Many times, an executor will hire an attorney to aid him or her in this process.

The probate process has advantages and disadvantages. The probate court is accustomed to resolving disputes fairly quickly with defined rules. Further, in Washington the probate court reviews the executor's handling of each estate, which can help protect the beneficiaries' interests. One disadvantage, however, is that probates proceedings are public. Your will and the value of your assets will become a public record. Also, a probate may cost more than the management and distribution of a comparable estate under a living trust (bearing in mind that a trust typically costs quite a bit more to create and edit than does a simple will). Also, in Washington probate attorney's fees have to be approved by the probate court. However, a probate proceeding generally takes longer than the administration of a living trust.

Simpler procedures are available for transferring assets to a spouse or for handling estates with assets under $100,000 and without real property.

Discuss such advantages and disadvantages with an estate planning lawyer before making any decisions

Whether your estate is large or small, you probably need an estate plan. For more information on estate planning, call us at 206-782-0722.

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