Home »
A Probate is started by filing a Petition to admit the Will to probate and to appoint the Executor.
After a probate is started, the following steps need to be taken.
The Executor (Personal Representative/Administrator) should prepare an inventory. If requested by an heir, it needs to be filed in the public court records.
To protect the estate from creditor claims to the greatest degree possible, the Executor shall institute the creditor’s claim process. Notice must be given to known creditors and the Office of Financial Recovery at DSHS (in case Medicaid services were provided to the deceased person) and by publication in a local newspaper for 4 weeks. If that process is followed correctly, creditors must file their claims within 4 months of the date of notice or have their claims deemed unenforceable.
The Executor must determine how best to distribute the assets in accordance with the Will. If there is a surviving spouse or registered domestic partner, the estate usually goes to them, and no sale of assets is involved. Instead, the assets are retitled in the name of the surviving spouse or partner. Liquid assets are distributed in accordance with the ownership or beneficiary designation.
Distribution of tangible personal property is usually more informal. Ideally, there is a Memorandum of Tangible Personal Property (Gift List) designating which property goes to whom. Otherwise, the heirs can agree among themselves, or the property can be sold at an estate sale, either in person or online.
After the property has been distributed and the heirs have signed Receipts regarding the property received, a Declaration of Completion of Probate is filed and sent to the heirs. If they do not object within 30 days, the Executor is discharged, and the probate is considered settled and closed.
AFTER A DEATH OCCURS
Coping with the death of a loved one can be extremely difficult.
The following list will help you focus on what you need to do, and what you can delegate to family and friends.
Arrangements for the body:
One of the benefits of working with hospice is that they can assist with the necessary arrangements. If the death happens at home without hospice or is an unexplained death, the coroner needs to be called. Otherwise, call the mortuary to transfer the body and handle regular burial, cremation, or green burial. (Note: Federal law requires price information to be given over the phone.)
Notify family and friends:
Ask family and friends to help you notify other family and friends.
Deceased’s instructions:
Ideally, the deceased has decided and documented ahead of time their preferred disposition of their remains. (You will be doing your family a great service by doing so for yourself as well.)
If you don’t know what the deceased wanted or it’s unclear, look through their papers to find out if they had a prepaid burial plan, belonged to a memorial society, or had written instructions regarding their funeral arrangements.
Other Assistance:
Choose people who will:
● Answer the phone
● Collect the mail
● Care for pets
● Locate the car keys
● Take care of perishable property
● Take care of lawn or snow removal
● Stay at the home during the funeral to guard against break-ins.
● Provide food for family and friends after the funeral.