[WSBAPT] IRA with "Estate" beneficiary, and RCW 11.62 small estate affidavit

Eric Nelsen Eric at sayrelawoffices.com
Thu Mar 7 11:04:02 PST 2019


I didn't think this was a first for me, but maybe it is--

Decedent had a small IRA that had the default "estate" beneficiary. Total value less than $30,000.

Submitted a small estate affidavit directing distribution to my client, for my client's account and also as agent for the other two heirs. Obviously my client isn't the PR of the Estate, but just a "successor" entitled to submit the affidavit, and also agent for the other heirs per their authorizations.

Custodian of the IRA refuses to distribute, because the "Estate" is the beneficiary, and therefore there must be a PR appointed who can receive the money on behalf of the "Estate."

Is there no way around starting a probate in this scenario? I am thinking my client is stuck with starting a probate.

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

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