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As a Probate Attorney Olympia WA,, I am frequently asked the question: “Can I avoid probate in the State of Washington?” The answer to this question is that there are ways to avoid probate in the State of Washington, but that there are complicated factors involved. The main thing you need to know is that self-help estate planning can have serious and unintended consequences, such as your assets being transferred to people other than who you intended.
Assets can transfer to another upon your death in many different ways. A husband and wife can use a community property agreement, which is a written contract, signed by each prior to death, transferring assets between them without any probate administration. Assets may also be transferred by a contractual arrangements such as a joint tenancy with right of survivorship, payable on death account, transfer on death account or by using a beneficiary designation with life insurance. Using any number of these methods you can avoid probate in the state of Washington. But using some combination of these transfer documents may actually make it more difficult for your spouse and family and may create unintended consequences. Further, without a proper understanding of the difference between community property and separate property your family inheritance could be converted from separate property to community property and never get to your children. For example, if you inherited $100,000 from your parents this is legally your separate property and you have 100% control over it. But a poorly drafted community property agreement or investment into a joint tenancy account with your spouse could see your family inheritance end up with your spouse’s new wife after you’re gone.
It is important to talk to your probate lawyer if you want to avoid probate in the State of Washington, (or any other state) because a haphazard use of the methods described above can cause chaos and unintended consequences. Estate Planning Attorney Olympia WA
If you discuss probate and decide it is to be avoided, the best thing to do is revoke your community property agreement and use a revocable living trust to manage the assets during your lifetime because the revocable living trust agreement will insure that all your assets get to your named beneficiaries (the same as a will) without going through the probate process. If it is a community property revocable living trust between husband and wife, the share of the first to die passes privately and seamlessly to the surviving spouse without probate. Upon the death of the surviving spouse the successor trustee transfers the assets to the children or other non spouse beneficiary in the same manner without probate. Revocable living trusts are also important if you own real estate in another state, if you have a special needs child on disability, if you are widowed or divorced and over the age of 60, or if you have an estate over 2 million dollars and want to avoid paying estate tax.
In my legal practice I emphasize estate planning, revocable living trusts, wills, and how to think about and manage the question of probate. There are two other trusts that I often use with my clients that are very helpful. The first is a Medicaid qualifying trust also known as a “special needs trust” and a “safe harbor trust”. The second is an irrevocable lifetime trust.
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