Serving as the personal representative of the estate of your parent or another loved one can be a big responsibility, but legal experts here say that following certain guidelines can help the process run more smoothly.


Those things include making sure your parent has drawn up a simple and clearly worded will, keeping accurate records of transactions made before and after their death, maintaining open communication with all parties involved, and seeking advice from an attorney whos familiar with the probate process. Probate is the legal process through which a deceased persons estate is administered and distributed.


In Washington state, the representative of the deceased, also known as the executor of the will, is someone, usually a spouse or next of kin, who had been appointed by the deceased to administer their estate. A person can be designated for that role in a will, or in the absence of a will they can be appointed by a court. A personal representatives main responsibilities are to collect and preserve the estates assets, pay claims, and distribute the remaining assets to the beneficiaries.


Robert Leeds, an attorney at Paine, Hamblen, Coffin, Brooke & Miller LLP, in Spokane, who specialized in elder law, says some of the aspects of the probate process are fairly simple, but often get overlooked. For that reason alone, it can be advisable to work with an attorney who is familiar with the proper rules and procedures, Leeds says.


A lot of people dont appreciate what theyre getting into when they undertake the (personal representative) job, he says. You can get yourself into a real mess, real fast.


Typically, a will nominates the personal representative of the estate, says David Shotwell, an elder law attorney in Spokane. After a loved one dies, the person who has been nominated has to file a petition in court to be appointed as a personal representative, Shotwell says. Once that person has been appointed, he or she should get a certificate, called letters testamentary, from the court clerk as proof of their designation. Investment companies and banks usually want to see that document, as well as the death certificate, before allowing the personal representative to act on behalf of the deceased individual, or decedent, he says.


The personal representative is required to send a notice of their designation to heirs and beneficiaries named in the will, as well as to creditors of the estate, Shotwell says. The debts of the estate should be handled before assets are distributed to beneficiaries, he says.


The solvency of the estate is a very important issue, he says. The court has more procedures in place to protect the rights of creditors in insolvent estates, because debts dont carry to beneficiaries.


In addition to paying the estates debts, the personal representative also is responsible to collect any benefits, such as life insurance, that are due the beneficiaries, he says.


Shotwell advises his clients to close all of the decedents financial accounts and open a separate estate account. For instance, the executor can close a $100,000 investment account, put that money into an estate account, and pay the mortgage on the decedents house out of that account. He says its important to make photocopies of every transaction and to maintain accurate records, which helps organize the information and resolve family disputes concerning the will.


If you can account for every penny, you can nip in the bud disputes that arise, he says.


After debts are paid, the benefits are collected, and the assets are distributed, the personal representative gives notice of the pending estate closure to beneficiaries, creditors, and the court. If no one objects within 30 days, the estate is closed.


When disputes arise, however, all of these rules are out the window, Shotwell says. Disputes often occur when the wording of the will is unclear, family members who have been disinherited contest the wills validity, or beneficiaries fight over valuable assets such as houses, he says.


Contention also occurs when two people, usually siblings, are nominated and then appointed as joint personal representatives. He advises clients to choose one person to fill that role and have the other person sign a waiver giving up their designation, to streamline the process and avoid potential disagreements. If both refuse to sign a waiver, that usually results in a court battle and creates a liability for the estate, he says.


He says charges for filing a simple probate can be as low as $600, but for complicated cases or large estates can cost upwards of $30,000 in attorney fees.


Make an inventory


To avoid disagreements and unnecessary hassles, its important to sit down with your parent and talk about their wishes in great detail, then draw up a will that clearly states those desires, says Carol Hunter, an elder law attorney at Eymann, Allison, Fennessy, Hunter & Jones PS, in Spokane.


Parents should create an inventory of their assets, including account numbers, net worth, and whether taxes are owed on their debts, Hunter says. They also should name beneficiaries for their investments if thats their desire, because beneficiaries automatically become the owners of those assets upon the death of a parent or other loved one, which avoids the probate process, she says.


Once the parent dies, the personal representative has to file an inventory of the estates assets within three months after opening the probate. A pre-existing inventory makes the process much easier than having to wade through files, and sometimes even shoe boxes, filled with financial information, Hunter says.


Its also important to create a separate list, which doesnt have to be part of the will, of what the decedent wanted to happen with smaller items, such as art or jewelry, Hunter says. Such a list can avoid potential arguments.


She says. Even if you think no one is going to fight over anything, its much more of a help to be as clear as you can be and say want you want to say.


To avoid a dispute over who will be the estates personal representative, Hunter advises clients to name one person and then list another person as an alternative. She also tells clients who are personal representatives to avoid paying a bill until all of the creditors claims have been filed, because the estate might turn out to be insolvent, and the creditors might have to be paid in order of priority.


People often confuse regular assets with non-probate assets, such as IRAs and life insurance, which are payable upon death to designated beneficiaries and dont require a probate process to administer, she says. Even if a will states that all of the estates assets should go to a certain person, non-probate assets will go to the listed beneficiaries.


Community property agreements, which create a collection of non-probate assets, can be useful because they avoid the probate process, says Richard Gilleran, an elder law attorney in Spokane. Under those agreements in Washington state, everything in the estate, excluding separate property acquisitions such as through inheritances, automatically transfers to the surviving spouse.


In the absence of a will, any party can go to court and request an appointment as a personal representative, but they have to obtain written permission from people of equal or greater stature in relation to the estate, Hunter says. Washington law has set a hierarchy of people who are able to serve as a personal representative, and spouses and next of kin top that list, she says. State law also dictates to whom estates are to be distributed, she says. Creditors are the first priority, followed by spouses and next of kin.


Not having a will isnt devastating, its just not smart, Howard says. It costs the estate more money, and in most cases youd rather be in charge of how your estate passes.