[WSBAPT] Listing Heirs at law in Probate Petition?

[Tara M. Roberts]

You don’t have to give prior notice of the hearing on the petition to appoint the PR or for NPs when the PR is named in the will (unless the named PR is not the surviving spouse).  

 

But you definitely have to give them Notice of Appointment within 20 days after the PR’s appointment by the court.

 

RCW 11.28.237 provides notice to “each heir, legatee and devisee of the estate”

 

RCW 11.02.002(6) defines “heirs” as “those persons, including the surviving spouse or surviving domestic partner, who are entitled under the statutes of intestate succession to the real and personal property of a decedent on the decedent's death intestate”

 

It also ensures that the statute of limitations starts to run on any will contest.

 

Naming the heirs at law in the initial petition for Letters Testamentary is not strictly required by statute.  However, RCW 11.28.110 does require the heirs at law to be named for a petition for letters of administration.  Since prior notice of the petition and hearing on Letters Testamentary isn’t required, then there is no harm in being transparent and getting the salient facts established.  So, my standard practice is to name the kids, addresses, their ages/birthdates or that they are adult age, and that their anticipated distributive share is “none” under the will.  This also helps tick the box for the commissioner that a GAL for Minors isn’t an issue and helps everything to just move along smoothly.

 

Tara M. Roberts

Puget Sound Law pllc

152 3rd Ave S Ste 107

Edmonds, WA 98020

Phone 206-285-3361

 <mailto:roberts at pugetsoundlaw.com> roberts at pugetsoundlaw.com

 

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Monday, January 20, 2020 3:45 PM
To: wsbar trust <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Listing Heirs at law in Probate Petition?

 

My client(SS) is probating her husband’s Will.  Everything goes to Wife (there are reasons a probate is needed, mainly that debt exists).

I understand that in addition to SS being listed on the Petition, that heirs of law (their children) should be listed as well and receive a notice of pendency. However in reading Chapter 11, I don’t see a requirement to give notice of pendency where the PR is named in a will.

 

So can we skip sending the adult kids a notice of pendency of probate and omit naming them as heirs at law in the petition?

Josh

 

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

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