Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Gathering key information and documents in advance can greatly simplify the probate process under Washington law. Probate in Washington is governed by Title 11 of the Revised Code of Washington (RCW), which lays out procedures for admitting a will and appointing a personal representative.
1. Estate Planning Documents
- Last Will and Testament: The original signed will. Under RCW 11.28.010, a will must be filed with the probate court to commence administration. RCW 11.28.010
- Revocable Trust Instruments: Trust declarations and any amendments. These avoid probate on trust assets.
- Durable Power of Attorney: Grants financial decision-making authority. See RCW 11.125.020 for statutory form and requirements.
- Advance Health Care Directive: Spells out health care decisions. See RCW 70.122.020 for required language.
- Beneficiary Deeds: For real property passing directly to beneficiaries at death.
2. Asset Inventory
- Real Estate: Deeds, mortgage statements, title insurance policies.
- Financial Accounts: Bank and brokerage statements for the past year.
- Retirement Accounts & Insurance Policies: Policy contracts, beneficiary designations.
- Business Interests: Partnership agreements or corporate bylaws.
- Digital Assets: Usernames and passwords for online accounts, digital wallets, social media.
3. Personal and Family Records
- Certified copies of birth, marriage, divorce, and death certificates.
- Social Security number card, military discharge (DD-214), citizenship records.
- Guardianship or adoption papers.
4. Liabilities and Taxes
- Outstanding debts: Credit card, loan, and mortgage statements.
- Recent federal and state tax returns (at least 3–5 years).
- Property tax assessments.
5. Contacts and Instructions
- Names and contact information for attorney, accountant, financial advisor.
- List of personal representatives or trustees, successors, and beneficiaries.
- Burial/funeral instructions and prepaid contracts, if any.
By assembling these items in a secure but accessible location, you enable your personal representative to file necessary documents quickly and reduce delays in probate under Washington’s statutes.
Helpful Hints
- Keep originals in a fire- and flood-protected safe or with your attorney.
- Provide copies to your designated personal representative.
- Review and update documents every 2–3 years or after major life events.
- Maintain a secure digital backup (encrypted drive or cloud storage).
- Use a clear letter of instruction to guide loved ones through your wishes.