[WSBAPT] WD for father of minor heir

[Dalynne Singleton]

I have a client (mother of minor) who was not married to the decedent who died in a motorcycle collision.  I am opening the probate and asking for her to be appointed Administrator.  I will ask the court to appoint a probate GAL for the minor.

The brother of the decedent is making waves and indicating he wants to serve as administrator, not the minor's mother.  The minor's mother does not want him or the parents to serve - they have already taken some of the assets out of the decedent's home.

Can someone point me to caselaw that says the minor's mother gets to stand in the shoes of the minor and ask for appointment to be an administrator?  I am just beginning my research.

RCW 11.28.120 provides the spouse is first to serve as administrator, then the child...  since child is a minor, seems the mother of the minor should be able to serve before the father, mother, etc.  No other heirs.

RCW 11.28.120<http://app.leg.wa.gov/RCW/default.aspx?cite=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.


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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