[WSBAPT] Probate Wrongful Death of servicemember

Tue Oct 24 10:38:26 PDT 2017

I have a new probate opened in WA on behalf of a deceased JBLM servicemember.  He was residing in WA at the time of his death in a MVA which occurred in Washington.  His death certificate states his residence at JBLM.  I read the statute (below) to indicate the probate needed to be opened in WA and appoint an Administrator with me to serve as Resident Agent for the wrongful death settlement to be handled.  A CA attorney was hired by the father to negotiate the WD of his son. I opened the probate and the father was appointed (resident of CA) and now says he doesn't want to sign Oath so no letters issued.

A California attorney called and said he is going to open the probate in CA and appoint the brother and handle the WD.
Must be a determinative answer to where the probate should be opened and not a rush to the courthouse to see who can get Letters issued.

RCW 11.96A.040
Original jurisdiction in probate and trust matters-Powers of court.
(1) The superior court of every county has original subject matter jurisdiction over the probate of wills and the administration of estates of incapacitated, missing, and deceased individuals in all instances, including without limitation:
(a) When a resident of the state dies;
(b) When a nonresident of the state dies in the state; or
(c) When a nonresident of the state dies outside the state.
(2) The superior court of every county has original subject matter jurisdiction over trusts and all matters relating to trusts.
(3) The superior courts may: Probate or refuse to probate wills, appoint personal representatives, administer and settle the affairs and the estates of incapacitated, missing, or deceased individuals including but not limited to decedents' non-probate assets; administer and settle matters that relate to non-probate assets and arise under chapter 11.18<http://app.leg.wa.gov/RCW/default.aspx?cite=11.18> or 11.42<http://app.leg.wa.gov/RCW/default.aspx?cite=11.42> RCW; administer and settle all matters relating to trusts; administer and settle matters that relate to powers of attorney; award processes and cause to come before them all persons whom the courts deem it necessary to examine; order and cause to be issued all such writs and any other orders as are proper or necessary; and do all other things proper or incident to the exercise of jurisdiction under this section.
(4) The subject matter jurisdiction of the superior court applies without regard to venue. A proceeding or action by or before a superior court is not defective or invalid because of the selected venue if the court has jurisdiction of the subject matter of the action.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

LICENSED IN WASHINGTON AND OREGON
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