Having a Will does not avoid Probate
In the last week or so, I’ve had multiple people ask me if having a Will allows one to avoid probate. In Washington, and to my knowledge in every other state, the answer is no. When a person dies all of her property is subject to probate. Probate is a legal proceeding that generally occurs in the county where the decedent resided. The general purpose of probate is to permit an Executor to take possession of the decedent’s property, preserve that property, pay all debts, claims and taxes, determine who is entitled to estate property and distribute that property. A Will is merely a document used to give guidance to the court and the Executor as to how to administer and distribute the decedent’s property. A court administered probate is also the only mechanism to give an Executor named in the Will the power to act on behalf of the deceased’s estate. Only by court order can an Executor named in a Will be granted the legal power to sell real property, deal with creditors, institutions and settle the estate. For a more detailed explanation of Executor duties please see my forthcoming blog post: Role of the Executor.
