Overview of the Probate Process

The probate process for virtually all English common law countries is very similar and the steps are outlined below.  This blog will give details for probate that are specific to Washington State in the USA:

1. Handle funeral arrangements
2. Determine if probate is necessary
3. Prepare probate documentation
4. Open probate
5. Handle estate
6. Close probate

I will attempt to cover the probate process and what you need to do, but I am not a lawyer and can't give legal advice, please consult legal advice if you are going to be involved in the probate process.

While the concepts of probate are relatively simple, the devil is in the details.  The more that one prepares the executor of their estate the simpler and easier probate will be.


One of the key elements of probate is whether the decedent has a will or not.  Someone with a will is a testator, and his probate will be testate.  If you die without a will then you are intestate.

Do you need a will?
No one is required to have a will.  However, if the division of your estate makes a difference to you then you owe it to yourself to make sure that you have a will.

If you are going to create a will then it should:

• Be self proving, i.e. witnessed by generally two signatures
• Indicate who can serve as Executor or Personal Representative (ExPR)
• Give clear indications of any funeral wishes

Make sure that the ExPRs:

• know that they may be called upon to serve
• know where the will is, even if they are unfamiliar with the instructions
• know which will is current if there are more than one

The next article will talk about the funeral arrangements.