Estate planning
Probate lawyer in Silverdale
Steady, compassionate guidance for families and personal representatives settling an estate in Kitsap, Jefferson and Mason Counties.
- 4.5 on Google, 55 reviews
- Led by a Marine Corps veteran
- Kitsap, Jefferson and Mason Counties
- Office in Silverdale
Estate planning
Help when you are settling a loved one's estate
Losing someone close to you is one of the hardest things you will face. Handling their property and debts, especially if they did not leave a will, adds stress to an already emotional time, and probate can feel like one more layer of bureaucracy.
Probate is the court process for administering the estate of someone who has died: confirming the will if there is one, appointing a personal representative, gathering assets, paying valid debts and distributing what remains to the people entitled to it. Probate is not required in every situation, but it is often worth considering because of the structure and protection it provides.
Kitsap Law Group guides families through probate in Silverdale, Bremerton and across Kitsap, Jefferson and Mason Counties, with respect for what you are going through.
- Advice on whether probate is needed
- Support for personal representatives at each step
- Help when an estate is disputed
Probate and real property
Homes and land are often the most valuable and the most complicated part of an estate. Because real estate is at the heart of our firm's practice, our probate work benefits from attorneys who handle deeds, title questions and property sales every day. If the estate includes a house in Silverdale, a cabin on Hood Canal or acreage in Mason County, we can help the personal representative manage, transfer or sell it as part of the administration.
What we handle
How we help with probate
We help personal representatives understand their duties and move the estate forward.
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Deciding whether probate is needed
Reviewing what the person owned and how it was titled to see whether probate is required or advisable.
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Opening the estate
Filing the will and the petition, and having the personal representative appointed by the court.
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Notice to creditors
Publishing and giving notice to creditors, and reviewing and responding to claims against the estate.
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Inventory of assets
Identifying and valuing everything the person owned, including real property, accounts and personal belongings.
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Real property in the estate
Transferring or selling a home or land that was in the person's name, working with our real estate attorneys where needed.
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Distribution and closing
Paying valid debts and expenses, distributing the remaining assets and closing the estate.
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Contested estates
Disputes among heirs or beneficiaries, and challenges to a will.
Our approach
Why probate is often worth it
Skipping probate can seem simpler, but it is often better for the family in the long run. Probate provides a clear process, a court-supervised record and a defined point at which the estate is settled.
A shorter window for creditor claims
When notice to creditors is properly given in probate, Washington law generally gives creditors about four months to present claims. Without probate, claims can generally remain open for up to two years. An attorney can confirm the deadlines that apply to your estate.
A full picture of the estate
Probate includes a thorough accounting of the assets of the person who died, so nothing is overlooked.
The will is followed
If there is a will, probate gives the court's authority to carrying out its terms.
Clear authority to act
Court appointment gives the personal representative recognized authority to deal with banks, title companies and others.
Who handles it
Attorneys who handle estate planning
Bill H. Broughton has tried bench and jury trials involving will contests and brings that courtroom experience to estates where questions or disputes arise.
Questions
Frequently asked questions
Does every estate in Washington have to go through probate?
No. Whether probate is needed depends on what the person owned, how it was titled and whether there is a surviving spouse or a trust. Real property held in the person's own name is a common reason probate is needed. An attorney can review the estate and tell you whether probate is required or advisable.
How long do creditors have to make a claim?
Generally, when a personal representative properly publishes and gives notice to creditors in probate, creditors have about four months to present their claims. If there is no probate, claims can generally stay open for up to two years. Specific rules and exceptions apply, so an attorney should confirm the deadlines for your situation.
What does a personal representative do?
The personal representative, sometimes called an executor, gathers the assets, notifies creditors, pays valid debts and expenses, files required documents with the court and distributes what remains. It is a responsible role, and we help personal representatives understand and carry out each duty.
What happens if my loved one did not leave a will?
Washington law sets out who inherits when there is no will, and the court appoints a personal representative to administer the estate. We can explain who is entitled to inherit and guide you through the process.
Do assets in a living trust go through probate?
Assets that were properly transferred into a revocable living trust usually pass under the trust's terms without probate. Assets left outside the trust may still need probate.
What if family members disagree about the estate?
Disputes over a will or how an estate is being handled do happen. We help families try to resolve them, and we represent clients when a will contest or other dispute goes to court.
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