Q: Dad passed away with no will, Do I have to go through probate?
The only heirs are me and my sister, she's in another state and cannot come down to washington. my dads house is paid off and I want to keep the house. my sister has agreed to sign a waiver to give me the house. Do I have to still go through probate? If I do, do I have to go through personal property via probate or can I settle that privately with my sister?
A: Hi, Washington resident. Since this estate has real estate, you will have to go through probate. You make arrangements to keep the house, but there needs to be some funds to pay for the probate costs and possible tax return. Something has to be sold from the estate to proceed with paying for probate costs. Yes, you can have an agreement with your sister, but the authority to make that deal will come from the probate authority. And you, if eligible may able to be the estate administrator to get this done. No need for your sister to come down. I would seek an experienced counsel in your county to help you with a pending probate.
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