PROBATE AND TRUST ADMINISTRATION

At Isenhour Bleck we can assist you in handling the administration of an estate when a loved one dies.  The first step we take is to determine if a probate of the estate will be required.  In some cases, depending upon the size of the estate and the assets in the estate, a probate may not be necessary. 

What is a probate and when is it required?

A probate is the court-supervised administration of the estate of a deceased person to ensure that the deceased person’s property is distributed according to the terms of the Will or by a statutory scheme if there is no Will.  When there is a Will, the appointed Personal Representative petitions the court to be confirmed as the person to carry out the terms of the Will.  In cases where there is not a Will, the court will appoint a person, called an Administrator, to administer the estate.

A probate is required when there is no other way to access the assets owned by the deceased person.  In cases where a married person dies and assets are owned jointly with the surviving spouse, a probate may not be required because the spouse is able to access the assets as a joint owner. 

In Washington State probates are not time consuming and typically are completed in less than a year.  And, because our state has minimized judicial involvement in the probate process, probates cost much less here than in some other states. During our first meeting we will give you an estimate of the legal fees that can be anticipated to complete the administration of the estate.   We will guide you through the requirements to administer the estate properly, including dealing with creditor’s claims and estate and income tax issues.   Our goal is to take to burden off of you during the difficult time when a loved one dies.

Trust Administration

If you are appointed as the trustee of a trust established in a Will or a trust established during a person’s lifetime, you should get legal advice on your duties and responsibilities as Trustee.  At Isenhour Bleck we frequently advise trustees on the following:

• Specific requirements contained in the trust or will document;
• Tax laws applicable to trusts;
• Accounting requirements as trustee;
• Specific requirements for the trustee of a Special Needs Trust to protect the trust beneficiary’s eligibility for government benefits.