[WSBAPT] Who files petition for intestate probate when no one is able to act?

Fri Apr 6 15:49:18 PDT 2018

You can file the intestate probate and appoint the granddaughter if she qualifies or any suitable person.   You will need to file the petition and provide notice to any heirs/beneficiaries of the hearing.  I would provide plenty of time – more than 14 days, for any response.

See the list of who can be appointed in RCW 11.28.120 – any suitable person.

RCW 11.28.120
Persons entitled to letters.
Administration of an estate if the decedent died intestate or if the personal representative or representatives named in the will declined or were unable to serve shall be granted to some one or more of the persons hereinafter mentioned, and they shall be respectively entitled in the following order:
(1) The surviving spouse or state registered domestic partner, or such person as he or she may request to have appointed.
(2) The next of kin in the following order: (a) Child or children; (b) father or mother; (c) brothers or sisters; (d) grandchildren; (e) nephews or nieces.
(3) The trustee named by the decedent in an inter vivos trust instrument, testamentary trustee named in the will, guardian of the person or estate of the decedent, or attorney-in-fact appointed by the decedent, if any such a fiduciary controlled or potentially controlled substantially all of the decedent's probate and nonprobate assets.
(4) One or more of the beneficiaries or transferees of the decedent's probate or nonprobate assets.
(5)(a) The director of revenue, or the director's designee, for those estates having property subject to the provisions of chapter 11.08<http://app.leg.wa.gov/RCW/default.aspx?cite=11.08> RCW; however, the director may waive this right.
(b) The secretary of the department of social and health services for those estates owing debts for long-term care services as defined in *RCW 74.39A.008<http://app.leg.wa.gov/RCW/default.aspx?cite=74.39A.008>; however the secretary may waive this right.
(6) One or more of the principal creditors.
(7) If the persons so entitled shall fail for more than forty days after the death of the decedent to present a petition for letters of administration, or if it appears to the satisfaction of the court that there is no next of kin, as above specified eligible to appointment, or they waive their right, and there are no principal creditor or creditors, or such creditor or creditors waive their right, then the court may appoint any suitable person to administer such estate.

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>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Rachel Bender
Sent: Friday, April 6, 2018 3:13 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] who files petition for intestate probate when no one is able to act?

All -

I need some advice on an interesting probate situation.

Decedent passed away - no surviving spouse, no Will. Real property involved. Decedent's son is disqualified as PR due to felony; daughter is disqualified due to mental illness (her daughter - decedent's granddaughter - was appointed guardian by California court, where they both live).

Felon-son is squatting on one piece of property with extended family members, allegations of active drug use involved.

Decedent's granddaughter contacted me. She wants advice re: who can petition court to appoint a PR to handle the probate since decedent's children can't act, and neither have the capacity/understanding/wherewithal to initiate the probate process anyway.

I need clarification on what the next steps would be, and who can take those steps so that I can narrow my scope of involvement (if I'm involved at all).

(Please excuse me if the answers are right in front of me and I'm missing something obvious - it's been a long day...)

Warmly,
Rachel

Rachel R. Bender
Attorney

Bender Law PLLC
1001 Fourth Avenue, Suite 3200, Seattle, WA 98154
Reception: 206.577.7987 | Direct: 206.682.0554 | Fax: 206.693.4365
www.bender-law.com<http://www.bender-law.com>

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