Legal Question in Wills and Trusts in Washington
40 day wait
Is it true that an affidavit has a 40 day wait period from the date of death on a death certificate? There is not enough ''estate'' for probate, but we were told we needed an affidavit from a lawyer before we could take posession of the pickup and get into his storage shed. The lawyer said there is a 40 day wait.
Thank you
c williams
1 Answer from Attorneys
Re: 40 day wait
The lawyer is correct. There is an alternative to probate for estates under $60,000 but the affidavit (and statute) requires that you wait 40 days before executing the affidavit and retrieving all property. A lawyer isn't necessarily required to draft the affidavit but, like brain surgery, it saves a bit of time and expense if you bite the bullet and pay an attorney to draft the document and guide you throught the process.
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