[WSBAPT] Small estate affidavit where decedent is not a resident of Washington

[Randolph Petgrave]

All,

This may seem like a silly question, but can we use a Small Estate Affidavit to obtain personal property in Washington, if the decedent died a resident of another state?

Facts:  Decedent died a resident of Florida.  The estate consisted of a few investment accounts worth approx. $10,000, all subject to beneficiary designations; and a bank account in WA (decedent formerly resided in WA), with $2800.  Beneficiaries (my potential clients) all live in WA.  No probate proceedings were initiated.

Can we use a Small Estate Affidavit to obtain the bank funds ($2800), even though 11.62.010 requires a statement that the decedent died a resident of WA?  If so, then do we omit the statement of residency?  If we can't I am open to alternatives.

Thanks in advance for your responses.

Randy

Petgrave & Petgrave, PLLC
Attorneys at Law
1001 Fourth Ave, Ste 3200
Seattle, WA 98154-1075
Direct:   (206) 240-9148
Fax:        (206) 232-4483
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