![]() Transferring title to real estate requires court authority. The need for probate depends on a number of factors including the value and type of assets and creditors. There is also a non-probate, small estate affidavit procedure in Washington that provides transfer of assets in “smaller estates” which do not contain real property and which are under a value limit set by the legislature. Proceeds of non-probate assets such as life insurance and retirement benefits with named death beneficiaries are paid directly to beneficiaries without a probate proceeding. In non-probate transfers, the beneficiaries make a direct claim to the account holder or manager. Non-probate transfers include transfers under a community property agreement to a surviving spouse, transfer to joint tenants with rights of survivorship, transfers of “pay on death accounts” and transfers to named beneficiaries of life insurance, retirement accounts or annuities. There are many types of transfer of property on death that do not require a probate. In some states, probate can be expensive. Washington State has many streamlined probate laws. Where court action is required, the process is called a probate. Sometimes this can be done without a court process. Often, a spouse, a son, a daughter, or friend manages these final tasks and helps to distribute their estate. When someone passes away, they may leave behind property and debts.
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