[WSBAPT] Amended petition for probate - to add heir

[Eric Nelsen]

I don't think the petition needs to be amended; it happens sometimes, that an additional heir is discovered. I think the PR should just adjust the administration appropriately. PR will need to give the new heir Notice of Appointment and Pendency of Probate right away of course, but other than that, I think I'd just proceed with the Estate in the usual way; just add them into the process with the other heirs. If you really want some specific formal acknowledgment in the file, you might consider doing it in the Declaration of Completion (or the final accounting if PR doesn't have NPs).

On the other hand, if the omission was an error and the heir was known to exist at the time the original petition was filed, maybe it would be a good idea to amend, in order to disclose the error to the court and, if you think it's warranted, get official confirmation that it's a no-harm-no-foul kind of result. RPC 3.3(f)<https://www.courts.wa.gov/court_rules/pdf/RPC/GA_RPC_03_03_00.pdf> and Comment 14. To me, it depends on what has happened in the administration so far, and whether there was any potential for the court to have been misled by the omission of the heir, or for an heir's property interest to have been harmed by the omission at the time of appointment.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Lovie Bernardi
Sent: Thursday, August 20, 2020 1:22 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Amended petition for probate - to add heir

Listmates,

I need to add an heir left out of the petition after letters testamentary have already been issued. Do I just file an amended petition to add the heir with the clrek's office, or do I need to have the clerk present it to the court with a new order? Thanks in advance!

Lovie

Lovie L. Bernardi
Flaherty & Bernardi, PLLC
3600 15th Avenue West #205
Seattle, WA  98119
(206) 682-2616

lovie at fb-lawfirm.com<mailto:joni at sbfirm.com>
http://fb-lawfirm.com<http://sbfirm.com/>

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