What to do if my dad passed away and I am the executer of his estate?

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What to do if my dad passed away and I am the executer of his estate?

The estate is valued under 10k. all he owns is a single wide mobile home in a senior park (not the land, just the home). Do I have to go through probate or can I just file an affidavit of small estate? If the affidavit is all I need, how do I legally sell the home?

Asked on November 17, 2013 under Estate Planning, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for your loss.  The state of Washington does not require probate of an estate even if your Father died with a Will.  It is discretionary.  But it does require that the Will be filed asap after death.  I know: it sounds funny but that is the law.  So please file the Will in the Probate Court in the county in which he resided at the time of his death.  Now, being that his estate contains no real property and is valued at less than $100,000, you can indeed file a small estate affidavit. But there are some requirements like the debts must have been satisfied, etc. If you go to the probate court you can get the entire set of documents I am sure. You would need to list the personal assets in the affidavit and one it is accepted by the court you would be able to take possession and transfer title on sale.  Good luck.


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