Chapter 12.1 Introduction

• Jurisdiction: Washington

§12.1 INTRODUCTION

The purpose of this chapter is to provide an overview of the procedures necessary to address issues common to most probates. In addition, these materials will address circumstances that may arise during the probate process. When appropriate, this chapter will refer to other

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chapters of this deskbook where a more thorough treatment of the subject may be found.

In general, all probates include (1) proving the validity of the decedent's will (if any); (2) identifying the devisees and legatees entitled to distributions from the estate; (3) marshalling the assets of the decedent subject to the probate process; (4) identifying potential creditors of the estate and providing for the payment of valid claims; (5) resolving disputes and challenges to the validity of the will; (6) paying taxes owed by the decedent and his or her estate; and (7) distributing the remainder of the decedent's assets in accordance with the will or the laws of descent and distribution.

It is important to remember that not all of the decedent's estate may be subject to probate. Nonprobate alternatives, such as joint tenancy with right of survivorship, beneficiary designations, pay-on-death arrangements, trusts, and other contractual rights are common to most decedent's estates and can serve to either simplify or greatly complicate the probate process. Distribution of these nonprobate assets in a manner inconsistent with the terms of the will (or intestacy) can be the source of disputes among the heirs, legatees, or devisees that will frustrate the process and greatly increase the costs of...