Losing a loved one is an incredibly challenging experience, and the process of probate can add additional stress during an already difficult time. You may already know the probate process is demanding and complicated. After all, there is a reason why many families want to avoid it altogether, and there are estate planning attorneys who can counsel you on ways to stay out of probate. However, unless you have trusts already established and in place, you must go through the probate process before the estate can close and the heirs can receive their assets.

The probate process can be time-consuming and frustrating for families. People must complete large amounts of paperwork correctly, and numerous problem areas can cause family disputes. Your case can run into roadblocks, increasing your stress level and delaying when your family can close the estate.

Your family may benefit when you hire a Seattle, Washington probate attorney to handle the entire process. A probate attorney’s work can keep you from dealing with stressful details, and they can help you keep the estate moving through the legal system. Hiring a probate attorney can take the burden off an executor and the entire family during a difficult time. It helps to consider a probate lawyer a worthwhile investment for your family because they can implement your loved one’s final wishes with minimum hassle.

Here is what a probate lawyer can do to help your family as you seek to close your loved one’s estate.

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Handling the Paperwork on Your Behalf

Probate involves filing a lot of paperwork with the court throughout the legal process. This paperwork can be extensive and must be entirely correct for the process to continue. If you make any mistakes, they can delay the probate process, and it already takes long enough to bring it to a close. The court may reject any incorrect paperwork, and it will not necessarily give you the benefit of the doubt because you do not have the help of a probate attorney.

A probate lawyer can gather and prepare all the necessary paperwork, ensuring it is complete and accurate. They can also handle any potential challenges or disputes that may arise during the probate process, protecting your rights and interests.

When you hire a Washington probate lawyer, you have to deal with very few of the details of your case on your own. You will not have to track deadlines, place any notice of the death, or even complete the paperwork independently. You must consult with the probate attorney only if you have to make any decisions. Otherwise, their efforts can go a long way toward relieving you of some of the stress the probate process may cause. Not having to worry about paperwork can free you of many burdens and allow you to focus on your transition to a life without your loved one.

Helping the Executor Protect Themselves

The executor owes fiduciary duties to the heirs in administrating the estate. Essentially, fiduciary responsibilities boil down to two things:

• The duty of care: The executor has the obligation to avoid negligence in handling probate matters. The executor must exercise a reasonable level of care when engaging in transactions for the estate. Specifically, they must perform some level of due diligence when researching and carrying out the transaction. For example, when selling property, they must use commercially reasonable methods.
• The duty of loyalty: The executor cannot place their personal interests above those of the estate. They must avoid conflicts of interest. If the executor wants to engage in a transaction with a conflict of interest, they must disclose it to the heirs and allow them to decide whether the transaction should proceed. For example, the executor cannot buy estate property themselves or sell it to a related interest.

The executor may be personally liable if they have breached the fiduciary duties they owe to the heirs. In other words, the money can come out of their pocket. Therefore, it makes sense for the executor to be as safe as possible when carrying out their duties. When in doubt, they should ask a probate lawyer if they have any questions about a transaction. Otherwise, there can be disastrous results.

A probate lawyer can provide valuable advice and counsel regarding managing the deceased person’s estate. They can explain your responsibilities as the executor or personal representative of the estate, including distributing assets, paying debts and taxes, and fulfilling any other obligations. Their experience in probate laws and procedures can ensure that you fulfill your duties following the law, minimizing the risk of legal issues or challenges down the line.

Handling Complex Estates

In some estates, many assets transfer to death accounts, where the proceeds go to the beneficiaries on proof of the account holder’s death. Only some of the assets may be subject to the terms of the will and required to go through the probate process.

However, other estates may be far more complex for various reasons. For example, any asset may be part of the estate, and the executor must manage it carefully throughout the probate process. In the meantime, the executor may have numerous legal issues for which they may need assistance from a probate attorney.

Some issues that may make an estate complex are:

• Assets located in different jurisdictions (and even countries)
• A diverse variety of assets (not just real estate)
• Multiple beneficiaries who may come from different family units
• Large-scale tax obligations for the assets held by the estate
• Business interests as part of the estate

These issues can slow the probate process and lead to disputes. Thus, not only should you hire a probate lawyer when the estate is relatively straightforward, but you will certainly need one when any complexities are present.

Representing Parties in Probate Litigation

One of the first steps in the probate process is for the court to authenticate the will. However, this part of the probate will likely result in contentious litigation. Anyone who is an interested party has the right to file a will contest. Those family members who the will has named, and even some who are not, can be interested parties for purposes of probate litigation.

A will contest generally argues that the will is invalid for several reasons. If the contest succeeds, the court will not recognize the instructions contained in the will, and it is as if the deceased person never had a will in the first place. If there is no will, state intestacy laws will determine who gets how much of the estate.

Some reasons for will contests may include:

• The testator was under duress when they were making the will.
• Someone else had an undue influence on the testator, and they persuaded them to make the will a certain way.
• The testator did not have the mental capacity to execute any legal document.
• There may have been fraud during the will process.
• The will did not meet the technical requirements to be a legally binding document.

Probate litigation can be long and contentious; thus, a Washington probate lawyer must represent you. You may reach a settlement agreement with the other family members, which will help you avoid litigation entirely. You can expect a complete lawsuit process if your case goes to trial.

A Probate Attorney Can Help When There Is No Will

When someone dies without a will, they are intestate. This situation presents difficult circumstances for the family because there have yet to be any preparations made for the distribution of assets. Further, the deceased person’s wishes are unknown because they are not listed on paper.

Any time someone dies without a will, the estate must still undergo probate, and the court will appoint an executor to administer the estate. This person may be unable to plan for the challenges ahead, but they persuaded the court to appoint them as the deceased person’s representative. The new executor will likely need extra help to get up to speed in their role, and a probate lawyer can help. They may be surprised to learn of creditors who come forward claiming that the deceased person owes money because they may not have had complete information about the finances before they assumed the role of the executor.

Regarding the actual division of assets, there may be less complexities. Each state has intestacy laws that govern how to distribute assets to family members when a deceased person dies without a will. The actual division of assets should be relatively automatic when the judge applies the law. However, getting to that point can be challenging, as there may be complex estate administration issues. Either way, your family will need to go through a complex legal process because the final wishes are not known in a format that the court authenticates.

How Probate Lawyers Get Paid for Their Services

You may wonder how much a probate lawyer may cost your family. The fees for the probate lawyer will come from the estate’s proceeds. When you learn what a probate attorney does, you may realize that hiring this attorney is a worthwhile investment for your family.

A probate attorney may get paid in one of three ways. Everything depends on the individual probate lawyer and the complexity of your estate. Your probate attorney may bill you on a:

• Flat-fee basis, charging one fee to handle the entire case
• Hourly basis, charging you for the time that they put into your case
• Percentage of the amount of the estate that goes through the probate process

What works best for your family depends on the facts and circumstances of the situation. A probate attorney may be flexible about how they will get paid and can present you with several options based on the situation. Given the potential hassles in the probate process, this is well-spent money.

How Estate Planning Can Help You Avoid Probate Entirely

You may want to try avoiding probate entirely because many things can go wrong in the process. Probate can impose delays when the property gets divided, and it can cause your family a considerable amount of hassle. While probate is a required process under many circumstances, you can also skip the process entirely when you have established one or more trusts to hold the assets. Then, the assets are in the trust’s name, and no legal process is necessary to change the title.

If you still need an estate plan, you should work on one now to make things smoother for your family. There may come a time when it is too late to establish a trust or create a will. You cannot make any binding legal arrangements if you lack the capacity. An estate plan now is better so your family can get comfortable with it. Otherwise, you will increase the chances of discord among the family when you pass away.

Hire a Washington Probate Lawyer Early to Help Your Family

If you plan on hiring a Washington probate lawyer to help your family, it is better to do it early and refrain from trying to handle any part of probate on your own. Your probate attorney can ensure that the estate goes through the probate process correctly. Probate laws can be complex and vary from state to state, so having a knowledgeable attorney by your side is essential. They can guide you through the process, ensuring you meet all legal requirements and deadlines. This legal guidance can help prevent any delays or complications that may arise if there are any mistakes along the way. Having a probate lawyer by your side can also help mediate any conflicts and find fair and reasonable solutions if there are any conflicts or disputes with your family members.

Hiring a probate lawyer can be invaluable when dealing with the probate process. They can provide the necessary guidance, support, and legal experience to help you through this challenging time. From managing the paperwork to mediating disputes, a probate lawyer can ensure the probate process is efficient, effective, and compliant with the law. If you need probate assistance, do not hesitate to reach out to a reputable real estate lawyer to protect your interests. 

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