[WSBAPT] notice of pendency of probate

[Felicia Value, Attorney at Law]

Hi Krista -

Your colleague is mistaken,  and you were correct.  RCW 11.02.005(6) gives this definition:  “"Heirs" denotes those persons, including the surviving spouse or surviving domestic partner, who are entitled under the statutes of intestate succession to the real and personal property of a decedent on the decedent's death intestate.”

Notice must definitely go to everyone who would have inherited if the decedent had died without a Will.  My personal record is 26 heirs.  The law has been interpreted strictly.  Can’t remember the case – but it seems to me the heirs who did not get notice,  and who prevailed because of it,  were obscure cousins from Norway.  

Good for you for asking.  Nice save!

Felicia Value
Attorney at Law
PO Box 578/116 North Third Street
La Conner, WA 98257
(360) 466-2088
www.skagitprobate.com

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From: Krista MacLaren 
Sent: Thursday, August 03, 2017 2:39 PM
To: wsba probate & trust 
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

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