[WSBAPT] Small estate affidavit where decedent is not a resident of Washington
Heather deVrieze
heatherd at westseattlelaw.com
Fri Mar 3 16:54:57 PST 2017
Keep in mind RCW 30A.22.190 though your account is a bit over the $2,500 allowed under that statute (maybe an auto payment will bring it down), I don't think it has any residency restrictions.
Heather
Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Randolph Petgrave
Sent: Friday, March 03, 2017 4:12 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Small estate affidavit where decedent is not a resident of Washington
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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