When you begin the process of getting a will and planning for your estate, the word “Probate” can cause a great deal of
undue stress.  But it doesn’t need to. 
Probate is the court-supervised legal process for transferring property when an owner dies. The assets subject to probate
are generally those which do not pass directly to others. Probate proceedings are intended to provide an orderly transfer
of property while protecting the rights of those who may have an interest in the property, including beneficiaries, heirs,
creditors, and taxing authorities. Some estates do not require an extensive probate. One factor that determines the need
for probate is size.
In certain small estates, an affidavit procedure can be used to transfer the property informally and swiftly without court
proceedings.  In addition, a person can also take action during his or her life to reduce the number of assets that may
be subject to probate or eliminate probate completely. Proceeds of life insurance and retirement benefits
may be paid directly to beneficiaries without a probate proceeding.
Similarly, giving away property, forming joint ownerships, and creating trusts can avoid probate proceedings.
It is important to make informed decisions in deciding whether or not to use these “non-probate” methods of transferring
property.  Jurisdiction for probate proceedings generally lies with the Superior Court of the decedent’s county of
residence. Most probate proceedings are straightforward and require little court intervention. However, the process requires
preparation and filing of legal documents and will sometimes necessitate court hearings.
The first step of petitioning for admission of the will to probate usually happens immediately after the death
of the decedent.  A personal representative or executor is appointed who will be responsible for collecting, managing, and
settling the decedent’s estate.
If the decedent has a will, then distribution is generally made according to the will.
Most of the daily work of the personal representative is done without intervention by the court, but when disputes
arise, the court will hold a hearing to enter an appropriate order.  If there is not a will, or there is no personal representative
named, the court will appoint an “administrator” to handle the estate. 
Additionally, the probate process does have costs, influenced by the complexity of the estate. Possessing a
carefully drawn and considered will can reduce these expenses and simplify matters.
If there is a will, a person who possesses it should either file it with the appropriate court or deliver it to the
decedent’s personal
representative or attorney within 30 days after being notified of the death. An attorney should also be contacted
by the personal representative, surviving spouse, or close relative to provide advice, determine if probate is required
and explain any necessary procedures.
If you have further questions about probate or want to have a will drafted, make an appointment with at your
local Naval Legal Service Office.
NLSO NW Legal Assistance offices are open Monday through Friday, 7:30 a.m. to 4:15 p.m. by appointment,
and on a walk-in basis every Wednesday, from 8 to 11 a.m. Locations: Bangor, 1001 Tautog Circle (Bldg. 1001),
(360) 396-6003; Bremerton, 365 S. Barclay (Bldg. 433) (360) 476-4275; Everett, 2000 West Marine View
Drive, (425) 304-4551; and Whidbey Island, 530 N. Langley Blvd (B/243), 360-257-2126.