Legal Question in Wills and Trusts in Washington

Re: Where do I start

Mr. Cruikshank's reply pretty much sums up the initial process. But to answer your other question with respect to the Affidavit of Heirship....this is a document that is often utilized by a surviving spouse or other immediate family that are also listed in the will. Basically, it allows the estate to avoid the probate process. However, it typically is difficult to utilize if the estate owns any real property or is of significant value (over $60,000). Essentially, it allows the title company and banks to feel more comfortable about distributing assets of the decedent without a formal request from a duly appointed personal representative. If the facts are just right you may be able to utilize such a document. However, I doubt it. I would echo Mr. Cruikshank's advice and at least consult with a qualified attorney prior to moving forward with a probate or affidavit of heirship.

Re: Where do I start

You will need to locate the original of the will (a copy is not recognized by the courts) and then the person named in the will as the personal representative (or executor)will need to petition the court to recognise her/him as the legal representative of the deceased people to carry out their wishes as stated in their wills. There are numerous other issues, such as a court-required bond, marshaling of the assets, notice to creditors, etc., that will be expedited by the assistance of a lawyer, although one is not absolutely required. If a will cannot be located, a different procedure is necessary. Please contact me if I can be of assistance.