[WSBAPT] notice of pendency of probate

[John Creahan]

Hi Krista,
I think your original interpretation is correct – and makes sense from a policy perspective. Unless notified, I’m not sure that someone entitled to receive an intestate share would be bound by the probate court’s decisions.
Hope this helps,
John


John Creahan
www.cairn-law.com<http://www.cairn-law.com/>
Now located in the heart of Fremont
3417 Evanston Ave. N, Suite 312
Seattle, WA 98103
206-578-5877


From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Krista MacLaren
Sent: Thursday, August 3, 2017 2:40 PM
To: wsba probate & trust <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] notice of pendency of probate

Hi Folks,

Most wills I probate give everything to the kids.  I have one now where the decedent had no children, and her will gives everything to niece 1, and if niece 1 is deceased, then to niece 2, and if niece 2 is deceased, then to niece 3.  The decedent’s closest heir under intestate distribution would be a brother, plus the children of multiple deceased siblings.  My question is who among these people should receive the notice of pendency of probate.  I thought it was “heirs, legatees and devisees” which I interpreted as everyone named in the will and everyone who would have received the estate under laws of intestacy.  I asked a colleague, who thought by definition, a decedent who dies testate does not have any “heirs” only devisees and legatees, so would not have to give notice to those who would receive under intestacy.  Now I’m not sure what is correct.

In this case, the heirs under intestacy would be more than 20 people, so I’d like to know for sure before I “err on the safe side” of giving notice to numerous people who may not require it.

Thanks for any input!

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle, WA 98115
(206)523-6116
kjm.inc at mac.com<mailto:kjm.inc at mac.com>

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