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

[Paul Neumiller]

Mr. Petgrave, I am curious, was there a consensus answer by those people who respond off-list?  I’m assuming that the decedent has to be a resident of WA as required by the statute but was curious if there were others who felt there was a work-around but still using the Small Estate Affidavit procedure.

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Randolph Petgrave
Sent: Wednesday, March 8, 2017 9:25 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Small estate affidavit where decedent is not a resident of Washington

Thanks to everyone who responded. This was very helpful.

Sent from my iPhone

On Mar 3, 2017, at 5:34 PM, Douglas Bratt <djbratt at mbavancouverlaw.com<mailto:djbratt at mbavancouverlaw.com>> wrote:
For one, I thought this a very helpful and useful reminder of another way “to skin a cat” that makes this list-serv so helpful and useful.

Thanks you for your contribution, Heather.

Have a great weekend.

Regards,

Doug Bratt

Douglas J. Bratt
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Friday, March 03, 2017 4:55 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Small estate affidavit where decedent is not a resident of Washington

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> [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<mailto: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
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