A WILL IS NOT VALID FOR PROBATE WITHOUT A SELF-PROVING AFFIDAVIT PURSUANT TO RCW § 11.20.020(2); AN UNWITNESSED WILL IS AN EXPRESSION OF THE TESTATOR’S WISH THAT THE TERMS OF TRUST BE HONORED IN THE EVENT OF AN INTESTATE PROBATE
Probate should be avoided if possible. If it cannot be avoided, a Will that can be submitted to Probate without communicating with beneficiaries first has a higher risk of disputes than a Probate without a Will that requires all beneficiaries to agree about the Executor, bond requirement, and non-intervention powers, and sign affidavits in advance of Probate. This is the best source of online information about probate in Washington.
You can review court cases relating to Wills in Wasington at the link below:
You Choose Your Administrator & Beneficiaries
The Washington Legislature has already essentially written a Will for everyone called the Intestacy Statute. Intestate means dying without a Will & Testament. A person who makes a Will is called the Testator. Most people just use the default provisions provided.
Historically, a Will was used to give real property and a Testament was used to give personal property, but the term Will has come to include all property.
You have the right to override the automatic provisions, and substitute your own wishes by signing a Will.
There are several reasons for doing so.
- You choose your Personal Representative (Executor).
- You choose your beneficiaries.
- You waive the bond requirement (the PR having to pay money to carry out the duties).
- A PR may renounce the duties if required to pay.
- You grant non-intervention powers, so the PR doesn’t have to ask the Court for permission to act. A PR may renounce the duties if required to go through the potentially costly and time-consuming process of filing Motions and setting them for hearings.
- You list items of sentimental value such as jewelry, art, antiques, collectibles, photographs, and scrapbooks that may mean a lot to particular surviving loved ones.
I am lawyer Christopher S. Mulvaney of Mulvaney Law Offices, PLLC, in Bellevue, Washington, and I am committed to providing clients with personalized and comprehensive estate planning guidance.
Legal Services Offered
While my practice is centered on helping consumers get out of debt and protect themselves and their families in the event of death or incapacity, I am happy to offer additional legal services to my existing estate planning and bankruptcy clients.
Are you worried about mounting debt? Or facing a Judgment, Garnishment or Foreclosure?
Have you been putting off getting an estate plan for too long?
I offer my clients legal counsel regarding foreclosure, buying and selling real estate, Transfer on Death Deeds, and real estate matters generally.
MULVANEY LAW OFFICES, PLLC does not do litigation.
Christopher S. Mulvaney, Esq. – My Mission:
To provide the best legal outcome, smoothest process, best value, and to make a positive difference in the life of each client.
I offer initial ZOOM legal consultations to prospective estate planning and bankruptcy clients for two reasons:
(1) determining if the issues are within my practice areas (the “wheelhouse”), and
(2) determining whether a potential client is willing to let me lead them to the best likelihood of achieving a favorable outcome with the smoothest process of getting there.
EMAIL CHRIS MULVANEY FOR
A LEGAL CONSULT VIA ZOOM
Please email me at firstname.lastname@example.org or use the form below to schedule your ZOOM consultation.
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