[WSBAPT] Partial Intestacy?

[David Faber]

Caught a fun one:

Decedent's last Will leaves his home and tangible personal property to his
spouse, and then provides that if Spouse does not survive Decedent that his
entire estate is to be distributed to a series of successor beneficiaries.
Decedent's spouse has survived by the terms of the Will and the Will
provides for no distribution of Decedent's intangible personal property nor
for a timeshare. All of Decedent's property appears to be the property of
the marital community (no SPA, married for 30 years, money in individual
accounts earned during marriage, etc...). I'm now trying to figure out
exactly how to approach the pleadings for this one. My plan is to prepare a
Petition for Probate of Will that discloses the partial intestacy, affirms
that all property is community property, and that all intestate assets are
to be delivered to the surviving spouse.

My question: is there any reason why I should request both *Letters of
Administration *and *Letters Testamentary *to deal with this matter?
Reviewing RCW 11.28, I see no immediately obvious reason why just
seeking *Letters
Testamentary *wouldn't do the trick, plus the Will appoints the surviving
spouse as PR irrespective of whether the Will is silent on the specific
assets. That said, something about filing a PR deed affirming the intestate
rights of the surviving spouse but appending *Letters Testamentary *just
doesn't quite seem correct to me....

Any thoughts or best-practice advice is appreciated!

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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