[WSBAPT] TEDRA vs motion in probate proceeding

[Krista MacLaren]

Colleagues,

I want to bring a motion in a probate asking the court to confirm a beneficiary is a slayer under the slayer statute, and authorizing the PR to distribute the assets to the remaining beneficiaries and exclude the slayer.  The slayer statute is so explicit, and the slayer in this case has been convicted of the crime, and PR has non-intervention powers, so I am only bringing this motion to be on the safe side - we could probably just distribute with no consequences.  The question of the day is whether this has to be brought as a declaration of rights under TEDRA with a new filing fee, etc., or if I can just bring a motion in the probate with 14 days’ notice.  All beneficiaries other than the slayer would benefit from this, and the slayer is in prison for life.  TEDRA seems like overkill here, and I have brought motions in a probate before that possibly should have been brought as a TEDRA action, and the commissioner didn’t bat an eye.  I find myself not wanting to use TEDRA because it seems like a waste of money in an already small estate.  Thoughts?

Thank you,
Krista

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle WA 98115
(206) 523-6116
kjm.inc at icloud.com

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