[WSBAPT] Intestate estate- missing heir- procedure question

[Eric Nelsen]

Hi Sarah-

The only statutory process I know of is the one you have identified, RCW 11.76.200. I know that some practitioners have done some workarounds, such as depositing the heir's share into the court registry and filing a notice in the probate of that fact; but there is no express statutory authority for that kind of arrangement.

For what it's worth, the statutory agent process isn't obscenely expensive, especially if you have a cash-only distribution that can just be held in a blocked account. Also, the heir's distribution pays the expenses and services of the agent, RCW 11.76.220. The main problem is identifying an agent who is willing to deal with the hassle, and also willing to do the necessary follow-up three years later to hand everything over to DOR Unclaimed Property.

Attached are a petition, order, and blocked account receipt that I created about 2-3 years ago when I had to deal with this for the first time.

Sincerely,

Eric

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

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah J. Dion
Sent: Thursday, February 13, 2020 9:46 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Intestate estate- missing heir- procedure question

Hi all-

I have an intestate estate where there are two heirs. One is my client. The other is a sibling of hers who is much older than she is and who she never knew existed. It was quite a surprise.

We have been unable to locate the newly-discovered sibling, although we have a street address. We are trying a variety of methods to inform him of the pendency of the administrative proceeding. If we are unable to get in touch with him, what is the most efficient way to proceed?

I see that under RCW 11.76.200, we may need to appoint an agent to represent the interests of the missing heir. The amount of money involved is not huge, and this seems like it could prove expensive. Is there another acceptable way to proceed, like asking the court to keep the missing heir's share?

If anyone has experience with this, I would be so grateful for guidance! Thanks!

Sarah Jael Dion
skellenger bender
ATTORNEY
TRUST AND ESTATE PRACTICE
Estate Planning | Probate

PHONE 206.623.6501 | FAX 206.447.1973
sdion at skellengerbender.com|<mailto:sdion at skellengerbender.com%7C>www.skellengerbender.com<http://www.skellengerbender.com/>
1301 Fifth Ave., Suite 3401 | Seattle, WA 98101
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