[WSBAPT] Issue where Beneficiary is Unresponsive and Will not Cash Distribution Check issued by the Estate

[Eric Reutter]

Hello fellow listmates,

I have encountered a new probate issue. It is a rather unique fact pattern, but here is hoping that someone else has bumped into this type of situation.

My question can be summed up as: if a PR files deceleration of completion of probate, waits 30 days without receiving an objection from beneficiaries, and then sends a beneficiary a payment check, but the beneficiary becomes unresponsive and does not cash the check, how do you complete the distribution and close the estate? In other words, how do you get the distribution amount out of the estate bank account if a beneficiary refuses to cash the check or sign a receipt waiver?

I did not see much in the RCWs to deal with this odd situation. The beneficiary here is unresponsive, and does not seem to want to cash the check. The thought has crossed my mind to mail a cashier's check using certified mail, so as to get the funds out of the estate bank account. I suppose depositing the funds with the court may also be an option, but the RCWs dealing with these types of issues typically address an 'absentee' beneficiary, rather than a beneficiary who we can locate, but shows no interest in cashing a check.

I know it is an unusual fact pattern to have a beneficiary who is not interested in cashing the check, but any thoughts or experiences on this issue would be much appreciated.

Best regards,

Eric Reutter
Attorney
DIRECT 206-332-7553
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