[WSBAPT] Notice to unknown heirs

Wed Feb 13 15:35:44 PST 2019

Well -- thanks to everyone responding on this.  The charities are the primary will beneficiaries so they will get notice of the probate.  The 11.28.237 statute wording is going to be the foundation of the recommendation here. I will give the choice of whether to hire a search firm to the PR.  He is a retired attorney so he can appreciate the subtlety here.  Whether the “known to him or her” clause modifies heirs AND beneficiaries is another twist.

Overall, the connection is quite remote here as to heirs who pose a risk.  Our class of heirs at law is descendants of the family of the decedent’s parents – both father and mother.  We are likely talking children or grandchildren of the decedent’s aunts and uncles interested enough in their remote relative’s estate to mount a will challenge.  This lowers the risk.  On the other hand, an heir search may be an expense the PR is willing to authorize to close the loop.
Thanks again for the help on this one!

Andrew Hay
Hay & Swann PLLC
201 South 34th Street
Tacoma, WA  98418
Phone: (253) 272-2400
Fax:     (253) 267-8947
www.washingtonlaw.net<http://www.washingtonlaw.net/>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Thomas M. Culbertson
Sent: Tuesday, February 12, 2019 10:33 AM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] Notice to unknown heirs

[cid:image001.gif at 01D4C3AF.52EE0250]
I could be wrong, but I’ve always read the red words in (1) to apply to beneficiaries of non-probate assets but not to heirs, etc. An heir needs to get notice so he/she has the opportunity to challenge an invalid will.  I’ll hire an heir search firm unless the estate is pretty small; not sure where I draw that line, but for it it’s somewhere south of $500k.

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THOMAS M. CULBERTSON  I  Lukins & Annis, PS
717 W. Sprague Ave, Suite 1600, Spokane, WA 99201
(509) 455-9555  I  fax (509) 363-2500  I  tculbertson at lukins.com<mailto:tculbertson at lukins.com>

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Tuesday, February 12, 2019 9:56 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Notice to unknown heirs

Since the statute reads, are known to him or her – why not provide notice to the charities and give written notice to the State of WA DSHS and then call it good?

RCW 11.28.237<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28.237>
Notice of appointment as personal representative, pendency of probate—Proof by affidavit.
(1) Within twenty days after appointment, the personal representative of the estate of a decedent shall cause written notice of his or her appointment and the pendency of said probate proceedings, to be served personally or by mail to each heir, legatee and devisee of the estate and each beneficiary or transferee of a nonprobate asset of the decedent whose names and addresses are known to him or her, and proof of such mailing or service shall be made by affidavit and filed in the cause. If a trust is a legatee or devisee of the estate or a beneficiary or transferee of a nonprobate asset of the decedent, then notice to the trustee is sufficient.
(2) If the personal representative does not otherwise give notice to creditors under chapter 11.40<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40> RCW within thirty days after appointment, the personal representative shall cause written notice of his or her appointment and the pendency of the probate proceedings to be mailed to the state of Washington department of social and health services' office of financial recovery, and proof of the mailing shall be made by affidavit and filed in the cause.

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 <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Andrew Hay
Sent: Monday, February 11, 2019 9:58 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Notice to unknown heirs

Hmmm.  I’ve got an estate with a PR appointed per the will. Beneficiaries are charities.  Estate value less than $500K.

Decedent was a widower.  He has no children and no brothers and sisters.  His parents are long dead.

What notice of pendency of probate is required and how much effort should go to notify the parents’ heirs?

I am inclined to publish a notice of pendency of probate along with the notice to creditors and call it good.

Andrew Hay
Hay & Swann PLLC
201 South 34th Street
Tacoma, WA  98418
Phone: (253) 272-2400
Fax:     (253) 267-8947
www.washingtonlaw.net<http://www.washingtonlaw.net/>

THIS IS A CONFIDENTIAL COMMUNICATION AND IS INTENDED FOR THE DESIGNATED RECIPIENT ONLY.  IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY AND DESTROY ALL COPIES

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