Closing the Probate Estate
A simple and common method to closing the probate estate is through the use of a Declaration of Completion. Here’s how to know if you can start the closing process of the probate estate:
- If you have published a Probate Notice to Creditors and four months have passed since the date of publication.
- If you have mailed a Probate notice to Creditors to potential creditors and thirty days have passed since it has been mailed.
- If you have received any valid Creditor’s Claims and they have been paid for or disposed of agreeably.
- If the estate is subject to any federal taxes, those need to be paid and settled.
- If you engaged with any attorneys, appraisers or accountants, those fees would need to be paid.
Simply closing the probate requires that all Heirs and Beneficiaries entitled to receive property from the estate will execute a Receipt & Waiver upon receipt of their estate distribution. The closing process is substantially simplified if you can obtain and file a receipt from each Heir and Beneficiary entitled to receive property from the estate that he/she has received all property from the estate to which he/she is entitled. If any Heir or Beneficiary entitled to receive property from the estate is unable or unwilling to execute a Receipt & Waiver, then closing becomes more complicated — necessitating substantially more paperwork, mailing, and filing on your part and resulting in a delay of approximately a month to close the estate.
You are required to administer the estate as quickly as possible, but how long it takes depends on each case and different circumstances. The King County clerk expects most probate cases to be filed and closed within a year. If yours is not, you will have to file a Statement of Case Status explaining why it has not been closed yet. You may need longer than 12 months depending on the case, which is fine as well.
The probate process can be overwhelming and if not done correctly, can cause issues later. Here at DAL Law Firm, we can help with the entire probate process. We understand it can be a tough time, but we are here to help make it easier for you. Call or text our office today for a consultation (206) 408-8158.
19803 1st Avenue S.
Normandy Park, WA 98148
T (206) 408-8158
F (206) 374-2810
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