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When someone dies, their property must go through a process known as probate. The word “probate” conjures up for many people images of high fees, complicated procedures, and endless delays. In Washington State, I am happy to say this is not typically the case.

Instead, think of probate as an administrative process that is designed to do the following three things:
Assemble the assets of the deceased, including real estate;
Pay the debts of the decedent out of their assets; and
Distribute the remainder to those persons mentioned in the Will, or as directed by law if there is no Will.

Probate affects real estate because this process is one of the few ways to re-title and transfer property from a deceased person, to the new owners.

Many people own homes or investment properties. At their death, as in their life, this property may be transferred only by the person whose name appears on the Deed. Since a deceased person obviously cannot act for themself (Halloween ghost stories aside), the personal representative performs this act for them. A personal representative is given authority to do this when they are appointed by court order as a part of the probate process.

At the death of a testator (the person who wrote the Will), the personal representative has 30-40 days to begin the process of probating the estate. The personal representative will take inventory of the estate and will gather all information on the real property owned by the testator. This information should include the date of death, value of the property, the taxes due, and any liens.

Once all this information has been gathered, the personal representative must decide whether to give the property to the beneficiary or sell it to satisfy debts. Sometimes the testator will provide strict instructions regarding this in the Will. If not, it is up to the personal representative to decide.

The probate process can be emotional. Personal representatives are often the people whose loved one has deceased and they are faced with the grieving process as well as all the procedural “hoops” that one must jump through to complete the process. Often, an attorney is a good resource for a personal representative to align with to make sure all is done correctly. A supportive and knowledgeable real estate agent is also a very valuable resource for the personal representative. The agent can help “demystify” the process of listing and selling a house, and can help the personal representative hire appraisers and any needed inspectors. Equally important, the agent can be a source of good information and emotional support in hard times.

In conclusion, the probate process is the main vehicle used to change the name on the title of a piece of real estate after one’s death. If all goes well, the process takes approximately 8 to 12 months to re-title property. Most of this time is spent assembling assets, paying bills and waiting for any creditors to make their claim. Once these tasks are completed, then the property can be sold or transferred. And that is when you, as agents, can be of tremendous help.

This article contains information of general interest, and is not intended to be, nor should it be relied upon as a substitute for specific legal advice.