[WSBAPT] WA collision, Florida resident, Florida PR of Estate

Dalynne Singleton dalynne at glgmail.com
Thu Apr 4 13:00:01 PDT 2019


I have a situation where there is a motor vehicle collision in WA with a Florida resident.  The injured party needs to file tort litigation and serve out of state resident.  She moved back to Florida and subsequently died before filing the tort.  We anticipate her estate will be opened and a PR appointed in Florida.  I did some research but am not finding confirmation that the following can occur:


  1.  If her estate is opened in Florida and there is a PR appointed in Florida estate, the PR of the Florida estate can be personally served pursuant to RCW 4.28.185.  Personal service out of state because submits person... and his or her personal representative, to the jurisdiction of the courts of this state (WA).
  2.  If her estate is not opened in Florida, I can open WA probate, appoint a PR in WA and serve WA PR pursuant to RCW 11.96A.040.

The tort litigation will name the proper PR, whether Florida or WA PR, as the defendant before service.  If the Florida PR attempts to avoid service, I would argue that the WA Sec of State could be served under the non-resident motorist statute RCW 46.64.040 but am waiting to hear from the SOS on that issue...

If someone has undertaken these scenarios, please confirm for me.  Thanks.

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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