Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney for guidance on your specific situation.
Detailed Answer
In Washington, some real property interests pass outside of probate, while others require court supervision through probate of the decedent’s will. Understanding the distinction helps determine why probate may still be necessary even if certain assets move automatically.
1. Automatic Transfer Mechanisms
- Joint Tenancy: When two or more people hold property as joint tenants, the survivor automatically inherits the deceased’s share by right of survivorship. No probate is needed. (See RCW 11.12.360 for community property with right of survivorship.)
- Beneficiary (Transfer-on-Death) Deed: Washington Revised Code § 11.90.020 allows a homeowner to record a beneficiary deed naming who inherits real estate upon death. The deed takes effect outside probate once the decedent dies. (RCW 11.90.020).
- Community Property With Right of Survivorship: Married couples can hold real estate as community property with right of survivorship. The surviving spouse automatically gains full title at death without probate. (See RCW 11.12.360.)
2. Why Probate Is Still Required for a Will
Despite these automatic transfers, probate of the will is necessary when the decedent owns property solely in their name without a beneficiary designation or survivorship interest. Key reasons include:
- Validating the Will: The Superior Court must confirm the will is genuine, properly executed, and represents the decedent’s last wishes.
- Paying Debts and Taxes: Probate ensures creditors are notified and debts, including estate taxes or final income taxes, are paid before distributing assets.
- Distributing Non-Automatic Assets: Assets such as bank accounts without payable-on-death designations, vehicles titled solely in the decedent’s name, and personal property require probate court orders to transfer title.
- Resolving Disputes: Probate provides a formal process to address challenges to the will or inheritance claims.
Under Washington’s Probate Code, you must file a petition in the Superior Court of the county where the decedent resided. The court appoints a personal representative to manage the estate. (RCW 11.20.010).
Helpful Hints
- Review your title documents to identify joint tenants or beneficiary deeds.
- Check account records for payable-on-death or transfer-on-death designations.
- Consult an attorney early to determine whether a simplified probate or small estate affidavit applies.
- Keep an updated will and consider adding beneficiary deeds for real estate to avoid probate.
- Gather a list of assets and debts before filing to streamline the probate process.