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Since 2003, Bredlie and Associates’ mission endures: we serve the constantly changing Real Estate needs of our clients by meeting and exceeding expectations.  Shastine has built a team around assisting family members and Personal Representatives in managing the details of a Trust or Probate estate. We understand the complexities involved in the sale of real property, as well as the emotional toll the loss of a loved one can take. The process of selling real estate (real property) through probate or trust is a series of court-regulated steps that must be carefully monitored and managed. Deadlines must be met, documentation is specialized and the court’s oversight must be honored throughout the marketing, offers, negotiations and sale of the property.  With this in mind we have created a simple 5-step process to assist Personal Representatives “from Clean-Up to Close.”Step 1: We will meet with the Executor and any relevant beneficiaries and provide a complimentary Home Evaluation.  We will then review the selling time frames and strategize the best plan of action.
Step 2: Once the time frames have been determined we will schedule for our professional organizer to go through the home with the Executor and determine what items the family and beneficiaries would like to keep.
Step 3: After we determine which items the Executor will be keeping our Estate Sale Specialist will then work with them on what they would like to sell vs. donate, including a free estate appraisal and then schedule the Estate Sale/Garage Sale if desired.
Step 4: Now that all the personal items have been organized, we will work with any trade services to make any necessary repairs on the property to get the home in “showing” condition.
Step 5: We will market and sell the home for top dollar and ensure an easy and effortless sale for the estate.  We will coordinate with the movers, the packers, and any other services the Executor may need.  At Bredlie and Associates we understand there is a lot that goes into settling an estate.  We make the process effortless in that we will be the Executors main point of contact.If you, or someone you know needs assistance with a Probate or Trust Real Estate sale please feel free to contact me directly at (360) 904-9907 or by email at shastine@shastine.com.
For more information on Washington State Probate Legislature go to: http://apps.leg.wa.gov/RCW/default.aspx?cite=11
 

Probate PictureWhat is Probate?

Probate:  the process of proving a will is valid and thereafter administering the estate of a deceased person according to the terms of the will.  It is a judicial act or determination of a court having competent jurisdiction establishing the validity of a will.

Probate real estate sale: The transfer of legal title (ownership) of real property from the estate of the person who has died to his or her beneficiaries or to a buyer under the supervision of the Court.

Estate: The net worth of an individual at any point in time.  It is the sum of one’s assets – legal rights, interests and entitlements to property of any kind – less all liabilities at that time.

Beneficiary: A person who inherits items laid out in a will.

Personal Representative or Executor: A person named in a will to administer the testator’s estate upon his/her death.

Trust: A legal arrangement in which one party (the trustee) holds legal title to and manages property for the benefit of another person (the beneficiary).

Types of Probate:

  • Testate: Decedent died with a Will; “Executor” is named in Will.
  • Intestate: Decedent died without a Will; Administrator is assigned.

 

The type of administration (Testate/Executor vs. Intestate/Administrator) will affect how simple or complex the probate process is expected to be. Without a Will to prove or a named Personal Representative to appoint, the Court turns not to the terms of a Will, but instead, to State law and appoints an Administrator according to a prioritized list provided by law.  This administrator will distribute Decedent’s property in shares to a prioritized list of recipients, the “Heirs” or “Heirs-at-Law,” provided by law.  

General Steps of Probate Process:

  1. File any Will and Petition the Court for Appointment of Personal Representative (“the PR”).
  2. Send Notice of Appointment of PR to Beneficiaries, Heirs, and Other Interested Parties.
  3. Collect and manage (and possibly sell) property.
  4. Pay debts.
  5. Determine and settle any taxes due.
  6. Distribute remaining assets.
  7. Close the Estate.

Washington statutory Creditor’s Claim Law

Washington state legislature that balances two interests when it comes to decedents debts:

  1. Creditor’s desire to be paid the debt due them
  2. Beneficiaries’ and Heirs’ desires to receive estate assets having clear title.

 

Legislature instituted a procedure for Probate and Non-Probate Estates and creditors to follow and provides that for those who successfully follow and complete it 4 months later:

 

  • Any creditor will have had sufficient time and opportunity to perfect his/her/its claim.
  • As for the assets that remain, the Beneficiaries and Heirs will receive clear title, assured that no creditor should be able thereafter to successfully pursue a claim against an asset to satisfy any of Decedent’s remaining unpaid debts.

 

This procedure is ENTIRELY OPTIONAL AND NOT REQUIRED BY LAW. The primary benefit of instituting Creditor’s Claim Law is that it reduces the time that the great majority of creditors have to make their claim, from 24 months after Decedent’s death to 4 months after date of first publication of Probate Notice to Creditors.
This is only meant to be a brief overview of the probate procedures and Washington State Creditor’s Claim Law.  For more specific information please contact an attorney for further assistance.

 

 

1) Our clients receive a complimentary Home Evaluation within three days of contacting us for assistance.

2)Access to and communication with preferred vendors  and services to get your property ready for sale.

3) Personalized marketing plan to get your home sold in the least amount of time for the highest price.

4) Top-notch marketing, including a personal website built-out just for your property.  We list our properties in two MLS markets (NWMLS and RMLS), as well as visibility in over 350 different Real Estate marketing sites.

5) Streamline communication between all parties involved.

6) Expert contract negotiation and transaction coordinating throughout the process.

7) Friendly and knowledgeable service from clean-out to close.