[WSBAPT] Is a burial plot subject to creditors' claims?

[Stephen A. Brandli]

RCW 68.32.040 provides for the transfer of burial plots to “heirs at law
of the owner” if there is no surviving spouse or domestic partner.  My
question is whether this transfer is subject to creditors’ claims.  It
does not seem to be a non-probate asset given that the definition of
non-probate asset is that it must pass under a “written instrument or
arrangement” other than a will.  It does not seem to pass under the
intestate statute even though that statute is referenced (“heirs at law”),
but only in some cases.  So I would say it is not subject to creditors’
claims.  Anyone disagree?  I can find no case on this.

 

                Steve Brandli

                Brandli Law

 

 

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