Probate in Washington — Online and Library Resources
Losing a loved one is never easy. Along with the grief of saying goodbye, making funeral arrangements, and other important decisions, losing a loved one means managing the real and personal property that they leave behind. In the legal world, this is known as settling an estate and the process of doing that is called probate.
Probate is defined in Black’s Law Dictionary, 11th ed. as “[t]he judicial procedure by which a testamentary document is established to be a valid will; the proving of a will to the satisfaction of the court.” In layman’s terms, probate is the formal legal process that recognizes a will and appoints a personal representative or executor to make sure the assets of the estate get distributed to the places they are intended to go.
While the definition of probate is universal, the procedure varies by state. In Washington probate laws are codified in the Revised Code of Washington (RCW) under RCW 11, Probate and Trust Law. In these statutes you will find the requirements of a valid will, will disputes or contests, creditor claims against an estate, and what happens when a person dies without a will. Probate is very complicated and legal experts strongly advise seeking the advice of an attorney before beginning the process. However, if hiring an attorney is not possible or you just want to know more about estate planning and probate, we’ve put together some online and library resources for you.
Becoming familiar with the legal terms associated with probate is a good place to start your research. The Washington State Probate website has an “Estate Planning & Probate Glossary” for that purpose. Here you will find definitions for everything from “abatement” to “will substitute.” The website also contains many DIY (do it yourself) probate tools, including instructions, forms, and even keys to determining if probate is necessary in your case. The Washington Law Help website also contains a section on planning for death, including the legal basics of wills, what to do immediately following a death, and probate.
Residents of King County can take advantage of the probate resources provided by the King County Law Library. In addition to wills and estate planning resources, the King County Law Library also makes probate forms and packets available for sale. Topics include opening and closing probate with and without a will, small estate affidavits, and filing a will without opening probate. For low-cost legal advice and questions about wills and estate planning, the library also offers 30-minute appointments with attorneys from the Eastside Legal Assistance Program.
If you are outside of King County, your local law library or public library may also offer similar online resources or legal clinics. You may also want to check the availability of legal clinics offered by senior centers or your county bar association. The Washington State Bar Association website also provides links to low-cost legal advice, such as the Washington Moderate Means Program and the Northwest Justice Project’s CLEAR hotline. Please keep in mind that legal advice is generally not available from court personnel, such as clerks or law librarians.
The Washington State Law Library can also assist you with finding additional information on probate and other estate planning and distribution issues. From databases, to print books, to our eBook collection, here are a few of the titles and resources we have available, both onsite and online:
· Estate Planning, Probate, and Trust Administration in Washington (eBook edition)
· Washington Law of Wills and Intestate Succession (eBook edition)
· LexisNexis Practice Guide. Washington Probate and Estate Administration (eBook edition)
· Wills and Trusts in a Nutshell (eBook edition)
· Washington Practice Series: Probate law and practice with forms (also available on Westlaw in the library Research Room)
· Washington Lawyers Practice Manual (Chapters 10 and 10A cover probate and estate planning)
· How to Avoid Probate by Creating a Living Trust: A Simple Yet Complete Guide
Additional titles can be found in our library catalog. Contact us at library.requests@courts.wa.gov or 360–357–2136, Monday to Friday, 9 am to 4 pm if you have questions about probate materials or other legal research questions. (LE)
