Legal Question in Wills and Trusts in Washington

Re: Is probate necessary when there is a will?

The short answer is "it depends" -- what do you expect from the law? :) A probate is not ALWAYS necessary when there is a will. The exceptions are typically where there is a surviving spouse and a community property agreement was executed, where a living trust was utilized and/or where the estate is valued at less than $60,000 and includes no real property.

It sounds like in your parents' case, I too would have initially suggested that you file what amounts to simplified probates of each of your parents' estates. The reason is that it is in your best interest to insure that there is a clean chain of title to the real property for both you and your heirs. Probates can be a nuisance, but Quite Title Actions can be even worse.

Once the Community Property Agreement was found the probate of the first parent to die could have been terminated immediately to save the combined estate some money. But the second estate (I believe your mother's estate) should still go through probate (or to be more accurate, estate administration). By doing so the real property would be formally transferred (court approved) thus satisfying any title company of the clear chain of title.

Finally, as to keeping the estates open due to problems your brother might cause, I do not understand your attorney's reasoning. However, I also do not have all the facts. Perhaps the attorney has a legitimate reason for keeping the estate open. I simply cannot figure out what that reason may be.

I hope this helps.