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What if you become the Executor of a will? What is the process of probate in Washington State? John Parr, probate attorney from Olympia, Washington describes this process to Virginia Byerly, Attorney Visit us on Facebook! / 217155805031586 Estate Planning, Probate and Trust Administration, Estate Tax Planning and Elder Law Start Your Estate Plan Now! PARR LAW FIRM, PLLC supports healthy aging and lifetime independence through estate planning and document preparation and supports family transition upon death of a loved one. Our goal is to give more in legal service than we take in cash value. Summary of Services We are a professional Limited Liability company whose practice is committed to providing specialized legal services to the 50+ population/baby boomers and their families. We provide estate planning, estate tax planning, trust administration, probate administration, and family counseling for families with issues regarding aging. (360) 357-3036 | Westhills Office Park 1800 Cooper Point Rd SW. Bldg. 20A P.O. BOX 11865, Olympia, WA 98508 http://www.parrlawfirm.com • Probate for the Executor of an Estate] Joh... When you speak with an attorney, be sure to have the original will with you as well as the death certificate, and if possible, sort out which assets are probate assets and which are not. To determine this, look at the deceased's financial papers. If there are any joint tenancies or "payable upon death", they are outside the probate process. If the deceased's name is the only one on a document, that asset is considered part of the estate and part of the probate process. The executor of the will needs to be empowered to legally manage and administer the assets that are being probated. The executor of a will is entitled to receive a fee, if they so choose. They will need to keep track of their time if they are charging a fee. There are 3 phases of the probate process: Beginning phase—after the initial discussion, the decision may be made to retain the probate attorney. Once that decision is made, fees will be outlined and the probate attorney will prepare pleadings. The purpose of the pleadings is so that the attorney can go to court and ask the judge to approve the validity of the will, and to formally name the executor of the will or estate. The court then issues a document called "letters Testamentary", which empowers the executor of the will to take care of the estate's affairs. An Order of Solvency is also issued, which allows the executor to proceed without having to go back to court for more orders. Middle phase—belongs to the executor of the will. Identify assets, gather assets, value assets, send out a notice to creditors and determine who's owed money. Figure out assets and debt and determine whether the estate is actually solvent. Once that has been determined, a minimum of 120 days have to pass. Then you can think about closing the estate. Most of this phase will be done by the executor of the estate, with help from the attorney if necessary. Final phase—once the middle phase has been taken care of, and assuming that all the heirs are happy, then the final phase can be entered, which is closing out the estate. This is done with a Declaration of Completion. This is a summary statement of everything the executor has done. Once this has been issued, the heirs have a 30 day window in which to ask for a full accounting. You don't have to go to court unless one of the heirs does request an accounting. If they waive the 30 days, you can distribute the funds, get a receipt, get discharged, and the estate is closed. http://www.parrlawfirm.com http://www.vitalseniorliving.com PARR LAW FIRM PLLC limits its legal practice to estate planning, probate and trust administration, estate tax planning and elder law and to counseling our clients and their families on the "what if questions of aging." We are skilled at working with 50+ clients and their families and we are committed to provide excellent service in a prompt, courteous, timely and efficient manner. Our driving force is "how can we help you". Parr Byerly Law Firm supports vital and independent living for seniors. resources that support independent living for seniors: housing options local resources planning ahead health issues living fully healthy caregivers