[WSBAPT] Probate for Sole Purpose of Pursuing Wrongful Death Claim

[Lincoln Miller]

Thanks, Phil. I presume the thinking is that since the WD claim belongs to the statutory heirs, and not the estate, but must be prosecuted by the PR, there shouldn't be an obligation to tie/connect the two procedures (i.e., the WD prosecution and the probate administration) together, yes?

Lincoln

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Philip N. Jones
Sent: Friday, February 7, 2020 1:14 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate for Sole Purpose of Pursuing Wrongful Death Claim

Just for your information, the Oregon process you describe is brand-new.  Of course, Oregon has lots more procedural requirements in probate than Washington does, but effective 1/1/20 Oregon now has a semi-simplified procedure for probates that have no assets, but where a PR needs to be appointed to pursue a wrongful death claim, or a will needs to be probated without assets in order to exercise a power of appointment or for other reasons.
Let me know if anyone wants details or cites.
Phil Jones

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Dalynne Singleton
Sent: Friday, February 07, 2020 12:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Probate for Sole Purpose of Pursuing Wrongful Death Claim

Lincoln:  Nice to hear from you - unfortunately, WA does not have this similar statute and I have tried, trust me...  You need to open the estate, appoint the PR or Administrator and then make the claims.  The PR/Administrator needs to perform the minimum statutory requirements in the estate and when ready to close, close appropriately.

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<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Lincoln Miller
Sent: Friday, February 7, 2020 11:55 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Probate for Sole Purpose of Pursuing Wrongful Death Claim

I understand that Oregon has a statutory procedure for opening a "single-purpose" probate for purpose of pursuing a WD claim. I've never heard of the same for Washington and want to make sure that I'm not missing anything.

Lincoln Miller

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