Washington Petition for Partial and Early Distribution of Estate

State:
Multi-State
Control #:
US-03317BG
Format:
Word; 
Rich Text
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Description

Ideally, no distributions to the beneficiaries under the will should be make until the estate is closed and closing letters received from the Internal Revenue Service and the State Tax Commission if estate tax returns were filed. This is not always possible, particularly in light of the fact that it generally takes a minimum of nine months to get a closing letter from the IRS. Beneficiaries are usually not that patient. The earliest an executor can close an estate is after the time to probate claims has expired and no claims have been probated. This is generally possible in estates that dont require estate tax returns, particularly when surviving spouse is the sole beneficiary.


After the time for probating claims against the estate has expired and estate taxes have been paid, a partial distribution to the beneficiaries may be in order, particularly if there are no unpaid claims outstanding against the estate and the closing attorney is comfortable that the estate tax return will be accepted by the IRS as filed. In any event the executor and closing attorney should hold back enough cash from the distribution to pay for the remaining expenses of administration and to pay for any estate taxes that may be assessed by the IRS.

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FAQ

Legally, you will need a probate (either an adjudication or a traditional probate) if Decedent's probate assets include: A net value of over $100,000 of personal property, or. Any real property that you choose not to or cannot Administer by Affidavit.

A partial distribution, sometimes called a preliminary distribution, is a distribution of some of the trust assets before the trust administration is complete and the trust assets are fully distributed. A trustee is required to complete trust distributions within a reasonable time.

Probate in Washington is entirely discretionary, and probably only a few percent of deaths in Washington result in a probate being filed. In Washington, if a probate is filed, it is because someone wants it to be filed, NOT because the law requires it.

Report of personal representative?Contents?Interim reports. Such personal representative may at any time, however, make, verify, and file any reports which in his or her judgment would be proper or which the court may order to be made.

Probate is the legal process for reviewing the assets of a deceased person and determining inheritors. Probate proceedings typically focus on the existence, authenticity, and validity of a will. Probate can be initiated with or without a will.

No estate shall be partitioned, nor sale thereof made where partition is impracticable except upon a hearing before the court and the court shall fix the values of the several pieces or parcels to be partitioned at the time of making such order of partition or sale; and may order the property sold and the proceeds ...

This process requires you to take the following steps: Open probate. ... Notify all interested parties of your appointment as personal representative. ... Notify the Department of Social and Health Services (DSHS). ... Gather assets and information. ... Prepare an inventory and appraisement. ... Determine debts. ... Notify creditors.

Probate in Washington typically takes six months to a year, depending on some individual case factors. It can take much longer if there is a court fight over the Will (which is rare) or unusual assets or debts that complicate matters. Unless there is a dispute, it's mainly a matter of filing paperwork.

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Washington Petition for Partial and Early Distribution of Estate