What Should I Do First If I Need to Apply for Probate?
Getting Started with Probate: Avoid Delays and Mistakes
Losing a loved one is hard enough. Now you’re faced with legal paperwork, financial decisions, and a property that needs attention. The probate process in Washington state can be straightforward or complex, depending on the estate. Either way, the first steps you take will determine how smoothly things go and how soon assets—like real estate—can be sold or transferred.
Step 1: Determine If Probate Is Even Necessary
Before you assume probate is required, check if you even need it. In Washington, probate is NOT always mandatory. The estate may qualify for a simplified process if:
The estate’s total value is under $100,000
Assets were held jointly with a spouse or another person
Beneficiaries were already named on financial accounts or real estate
Pro Tip: If the estate includes real estate but is under $100,000, there may be a way to skip probate altogether. Talk to a probate attorney or a specialized real estate broker (like me) before filing anything.
Step 2: File the Petition for Probate
If probate is required, someone (usually the executor named in the will) must file a petition with the court. Here’s what you’ll need:
✔ Certified death certificate
✔ The original will (if there is one)
✔ List of all estate assets, debts, and beneficiaries
✔ Filing paperwork for King County Superior Court
Many executors don’t realize this: If you need to sell real estate, you often don’t have to wait until probate is finished. Probate homes can be listed and sold during the process in many cases, which can free up funds for heirs and help maintain the value of the property.
Step 3: Protect and Maintain the Property
If the estate includes a home, you have to act fast. An empty house is a target for break-ins, water damage, and insurance issues. Here’s what you should do right away:
✔ Change the locks – You don’t know who has a key.
✔ Keep the utilities on – Avoid frozen pipes, mold, or other damage.
✔ Secure insurance – Many homeowner policies don’t cover vacant homes. You’ll need probate-specific insurance.
✔ Check for tax or mortgage payments – Falling behind can cause late fees or even foreclosure.
Selling the home? You need a plan. I specialize in probate real estate sales, and I can walk you through your best options—whether that’s selling quickly for cash or maximizing value with the right marketing strategy.
📞 Need help with probate real estate? Let’s talk today.
