When a person passes away with a will, they usually choose someone to serve as their estate executor. This person is tasked with ensuring the decedent’s debts are paid and all remaining assets are distributed according to the person’s wishes. It’s quite common for wills to be drafted many years before a person’s death. Once that occurs, the executor must file the will with the court to start the probate process, but sometimes, it’s more complicated. In this guide, readers will learn what happens when a will is not probated.
The State’s Filing Laws
A person is not legally required to serve as an executor even if they promised to do so. However, that doesn’t mean the will can be filed away and forgotten. Most states, Washington included, require anyone possessing a signed will to deposit it at the appropriate county court within a certain time.
Penalties for Representatives
Failing to file the will within the right time has severe consequences. Although it’s not a crime, the executor may be subject to lawsuits from those financially affected by the missed filing. For instance, in Washington, the law says anyone willfully failing to file a will must cover the damages of those affected by the violation.
Insolvency and Creditors’ Claims
When a person dies, they often leave unpaid bills. The opening of probate shortens the time a creditor has to make a claim against the person’s estate. Creditors must file claims within four months of the date of the executor’s appointment. When there’s no probate, however, creditors have a full year to initiate a claim. When a person’s estate is insolvent, his or her friends and relatives are not legally obligated to work with creditors or open probate. They typically file the will and walk away. Consult a Probate Lawyer in Gig Harbor Wa for more details.
Get a No-Obligation Case Review
Estate administration is often expensive and complicated, and Washington’s probate process has numerous filing and notice requirements. And, there are often serious consequences for failing to follow the court’s rules and procedures. An experienced Probate Lawyer in Gig Harbor Wa can guide clients through the entire process. Call today to get a free case review and learn how Washington’s probate rules affect the claim.
