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

[Juhl, Hans P.]

RCW 11.28.120 should be helpful.

Hans P. Juhl
Attorney
Ryan, Swanson & Cleveland, PLLC
1201 Third Avenue, Suite 3400 | Seattle WA 98101-3034
Direct 206.654.2203 | Direct Fax 206.652.2903
juhl at ryanlaw.com<mailto:juhl at ryanlaw.com> | www.ryanswansonlaw.com<http://www.ryanswansonlaw.com>

[Ryan Swanson and Cleveland Logo]<http://www.ryanswansonlaw.com/>
From: wsbapt-bounces at lists.wsbarppt.com [mailto: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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