[WSBAPT] Person dies in Massachusetts / Defendant in WA case

[Eric Nelsen]

Washington asserts subject matter jurisdiction even for nonresidents who die outside the state, per RCW 11.96A.040(1)(c)<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A&full=true#11.96A.040>. So I think a WA administration is allowed. Venue in any county per RCW 11.96A.050(4).

I don't think it requires an ancillary anywhere else. If there are truly no assets, no need for probate at all, but for this creditor claim that will get taken care of by insurance.

If a family member started a probate in Massachusetts, I suppose they might be able to get the Washington probate dismissed, but that sounds pretty unlikely.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA 98101-2837
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Wednesday, December 09, 2015 9:51 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Person dies in Massachusetts / Defendant in WA case

A nurse living in WA working at hospital commits malpractice along with Dr.  She moves to Massachusetts and dies.
In lawsuit against nurse & Dr. in WA is filed, we learn of her death before service of the complaint on nurse.

No probate opened in Mass or WA.  Would the probate need to be opened in WA and appoint Administrator (no Will, family of nurse says no assets) in order to accept service of litigation?
Is it necessary to have ancillary probate in Mass?  Family does not want to serve as Administrator.  Still locating potential heirs/beneficiaries.

Hospital has insurance but of course, need to serve Estate of nurse before they will defend.

Thanks for any help.


Dalynne Singleton
[SingletonLawGD27aR04aP02ZL-Johnson4a_mdm]
3215 NW Lowell Street, #161
Silverdale, WA  98383
Phone: 360-329-4079
Fax:     360-443-1259
E-mail: dalynne at singletonlawgroup.net<mailto:dalynne at singletonlawgroup.net>
Web:    www.singletonlawgroup.net<http://www.singletonlawgroup.net/>

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