Probate Attorney in Vancouver, WA

In Clark County you Probate a Will at the Superior Court.

Our experienced Probate Lawyer can arrange for your being sworn in as executor near your home. In most cases, we can arrange for you never to need to come to the county at all. Because we focus our practice on Probate matters, we can help make the Probate process as convenient as possible.

There is no set time limit for an estate’s probate. As explained below, I often tell executors to tell the heirs that the estate will be open for at least a year, but we can often close the estate earlier (making the executor look good). The actual time the estate will be open will depend upon the estate’s assets and the taxes that need be paid. The Probate system is efficient, but there are certain steps over which you have no control. For example, certain tax returns need be filed, and the forms might not even be available until the year following the death. The estate might contain hard to sell assets, such as an art collection or real estate, so the estate will have to stay open until the assets are sold. For a more detailed estimate, feel free to contact us with the details of your estate.

Your executor has the power to collect your assets. Your executor will have all the same powers to enforce your rights, including obtaining a court order.

If a Washington resident dies without a will, the estate then passes through the intestacy laws. The process if you die without a Will differs from if you have a Will. With an intestate estate, our Probate Lawyer file a different petition to have an Administrator named, rather than an executor. The rules that cover who can serve as Administrator are rather complex. If you have a relative who died without a Will, feel free to contact us. We will explain the process.

Once a probate petition is accepted, the executor or administrator’s job is to gather all the assets, pay creditors, satisfy all income/inheritance/estate taxes, and then distribute the remaining assets as the Will directs. Each estate is different, and the amount of work and responsibility may vary.

Our Probate Attorney regularly represents executors, administrators, and personal representatives and guides them through the probate process. We work with you to analyze your particular estate and advise you of what options exist to bring the estate to a close.

An executor’s accounting is the report of the executor’s financial actions from the date the executor began serving until the end. The accounting shows assets collected, what happened to those assets, any gain or losses on those assets and, in the Schedule of Distributions, the executor distribution plan. These accountings can either be informal or formal. Formal Accountings are filed with the court.

The executor should always obtain a release of liability from the heirs. The heirs, though, will often not wish to release the executor unless the executor can “account” for all the assets of the estate and explain all the expense incurred. To satisfy the heirs, the executor will need to provide an “accounting” of the assets and expenses. If the accounting satisfies the heirs, they will sign releases freeing the executor from liability.

Yes, the heirs can force the executor to account by filing a Petition for Accounting.

If the numbers do not add up, the executor might be found personally responsible for any shortfall. The court can “surcharge” the executor for the difference.

When filing an accounting, the Court requires the account to follow a specific format. Accounting submission is through a specific petition. Our experienced Probate Attorney is familiar with Clark County’s specific petition. Providing the Court a Petition in the correct format prevents the judge finding it incomplete and ordering the Petition refilled.

At times an executor may refuse to provide a beneficiary with an acceptable accounting. The Court has created a system that allows a beneficiary to force the executor to provide an accounting. Once the accounting is obtained, our background in estate planning allows us to help you interpret the accounting and search out discrepancies for your objections.

Yes, once a Will is filed it is public record. For this reason, some clients have us draft Revocable Living Trusts. These trusts replace the Will and are not public record.

An Estate Beneficiary is a person or entity entitled to receive benefits from the estate.