Legal Question in Wills and Trusts in Washington

Re: Probate and real estate

A probate is a court process by which the court validates the will and appoints a personal representative to administer the estate. A title company wants to make sure no one has a claim on the property before insuring title. A bank wants the same guarantee. While your husband likely would have left his 1/2 of the house and property to you, he wasn't obligated to do so. As such, the bank wants to make sure that is the case. The most common way of doing this is through the probate process. There are alternatives. Did you and your husband ever execute a Community Property Agreement? Also, some title companies (and presumably banks) will accept an Affidavit in Lieu of Probate even concerning real property. Some attorneys also utilize Estate Adjudication (an alternative to probate). But in the end, I suggest you consult with a local probate or estate planning attorney that can guide you in the right direction and discuss costs with you.

Remember, I'm an attorney but I'm not YOUR attorney. Only a thorough review of your situation by a competent attorney after an attorney-client relationship has been established will result in an informed legal opinion.