Death is not something most people want to think about, but it is a reality of life that we cannot avoid. One of the things that come with death is the distribution of assets to your loved ones. Have you thought about what will happen to your assets when you pass away? What if you don't get around to making a will? In this blog post, we’ll explore what happens when you don't make a will, whether it will go to the state or probate and how an attorney can help you with will creation services.

What happens if you don't get around to making a will?

If you do not have a will, Washington state law intervenes, following the intestate succession laws, and determines how your assets are distributed. The court will follow a legal order of inheritance, allowing your heirs to stake their claims on your estate's assets. This legal process is called probate and can be lengthy, expensive and a highly emotional experience for your loved ones. When there is no will, you leave everything to the mercy of the court's decisions, which in certain states, could lead to your assets going entirely to the state's coffers.

Will it go to the state?

As already mentioned, without the guidance of a will, your estate often goes through probate and may end up in the state's hands. It's not uncommon, and this underscores the importance of having a will in place. It’s important to understand that in most cases, the priority for the probate court is to determine the beneficiaries and not simply seize the deceased person’s assets, yet it's not how matters always turn out. By failing to plan for the distribution of their assets, people effectively allow the state to dictate how their life's work should be distributed.

Will it go to probate?

If you die without a will, then your estate is expected to go through probate. Probate can be costly and can last as long as several months, if not a year or more. Probate court also requires the appointment of a personal representative, an executor, to handle the estate's distribution. In this event, an experienced attorney can help you avoid probate with trusts, which can allow you to distribute your assets more efficiently and is non-litigious. Visit our office for advice specific to your needs.

How can an attorney help?

An attorney can strive to make the process both clear and comfortable for their clients. An attorney can help ensure that your assets are distributed as per your wishes. A properly drafted estate plan will also help in avoiding probate court where the laws of intestacy come to play. You can consult a skilled attorney to cover the bases of wills, trusts, and other estate planning and make the transition process more manageable, giving you and your loved ones peace of mind.

We can assist the Washington public with will drafting and creation services.

At Joseph W Creed, we have helped many individuals and families with estate planning that ranges from simple wills to complex plans involving trusts, self-executing deeds, and powers of attorney. With extensive experience and knowledge of Washington estate planning law, we can provide skilled legal guidance and planning that reflects your unique personal and financial circumstances. Our team is committed to providing efficient and effective legal representation for every client, and we’re here to help you protect your family's interests. Get in touch with us to schedule an appointment.

If you don't have a will yet, it's vital that you create one now and save your loved ones from court battles or having the state decide how your possessions are to be distributed. Any amount expended planning now could help prevent your family from dealing with legal disputes or pesky creditors shortly after you pass away. Speak with an experienced estate planning lawyer, like those at Joseph W Creed, to draft the will and ensure that your final wishes are accurately reflected. Don’t hesitate to contact us today to have a stress-free consultation.