Do all estates in Washington need to be probated?

Not all estates need to be probated.  Some smaller estates do not require it.  Living trusts, property held in joint tenancy and certain insurance policies pass outside of probate.

Is a will required for probate in Washington State?

Probate may be administered with or without a Will.  If there is no will, the court will appoint a personal representative to administer the probate.  If there is a Will, it will usually name a personal representative to handle the administration.

How is an estate probated?

First, there is a petition for probate filed with the probate court.  The creditors, family members and beneficiaries are notified in a form approved by statute, often by mail, newspaper notice, etc.  The attorney works with the personal representative or court appointed administrator to locate all of the estate assets and prepare an accounting of these assets and creditor claims.  If property needs to be sold to pay off creditors or to accomplish the distribution under the Will or intestate succession laws, they will do so by approval of the court.  Once the creditors including the relevant tax departments, have been paid, the net proceeds of the estate will be distributed to the beneficiaries and the probate is then closed.

What if there is a dispute to the will provisions?

The person with the dispute would petition the probate court regarding their specific claim.  Time limits do apply. Each party to the dispute should have their own counsel to avoid conflicts of interest.