[WSBAPT] Declaration of Death in lieu of Death Certificate

Thu Apr 4 12:42:23 PDT 2019

Attached is a template of an affidavit I've used successfully in the past. A declaration format should work fine as well.
Chad Horner
CURRAN LAW FIRM
555 West Smith Street
Kent, WA 98032
T 253 852 2345
F 253 859 8037
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Thursday, April 4, 2019 12:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Declaration of Death in lieu of Death Certificate

These instructions are on the King County Probates website.  I have not tried it but might be worth a try...  also if you have the collision report if it was a fatality death, probably best evidence.

Death Certificate with Coversheet (PDF)<https://www.kingcountyprobates.com/s/DeathCertificateCoversheet.pdf> (Word<https://www.kingcountyprobates.com/s/DeathCertificateCoversheet.doc>). While not required by state law, the Ex Parte Commissioner in King County will expect you to have the death certificate of the decedent for the Commissioner to review at the initial hearing. Bring it with you. It doesn't need to be an original. A copy is fine. I like to file a copy with the clerk and therefore have a coversheet that I attach to the front of the death certificate. You should redact the social security number and mother's maiden name on the death certificate. If you need to get appointed before a death certificate is available, the court will sometimes accept an affidavit where someone swears that they have communicated with the funeral home about the decedent's remains and that the funeral home is handling the arrangements.

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Nicholas Pleasants
Sent: Thursday, April 04, 2019 12:21 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Declaration of Death in lieu of Death Certificate

Hi Listmates,

I have a new probate I'm looking to start for someone that passed away this week. They need Letters Testamentary immediately to deal with the crash/accident scene. We don't want to wait for the death certificate to be issued. I see mentions in the WLPM handbook that I can open the probate without the death certificate, but I'm a little unclear what would be required. Could anyone share a sample Declaration of Death or explain what you provide the court so it is satisfied? I plan to file in King County, probably using EPVC but possibly walking it in since time is of the essence. Thank you!

Best,
Nick

Nicholas Pleasants
James Pleasants, P.C.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel.
(425) 497-0799 fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
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