[WSBAPT] Missing Heirs

[Eric Nelsen]

PR's duty is to try to locate the heirs using due diligence, in order to give them notice. Note, the PR's duty is not to actually provide notice. If due diligence can't locate them, their rights may still be cut off. I'm not sure if that has been definitively ruled in the context of a will contest, but it has been in context of other rights of heirs in relation to a probate administration.

So, depending on budget--hire an investigator and/or an heir finder. Also ask all known heirs, acquaintances, etc., to see if anyone has possible contact information for the missing heirs. If all of that fails, thoroughly document all efforts to locate and submit that as a Declaration into the probate file, so there is a clear record of PR's efforts to find all heirs and give notice.

See In re Estate of Little, 127 Wn.App. 915, 921, 113 P.3d 505 (2005); In re Estate of Walker, 10 Wn.App. 925, 930, 521 P.2d 43 (1974); Hesthagen v. Harby, 78 Wn.2d 934, 942, 481 P.2d 438 (1971).

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of James Bates
Sent: Tuesday, July 30, 2019 2:58 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Missing Heirs

Opened an estate and admitted will in which two parties that would be intestate heirs, but for the Will, are MIA.  Maybe I’m getting too worked up over my former state’s practice and procedure, but what is the general opinion regarding lack to notice of admission of the Will to someone who would have a right to contest the will?  RCW 11.24.010 seems to set a hard bar of four months and 11.28.237 does appear to give an out if addresses are unknown.

James Bates, Attorney
Luce & Associates, P.S.
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