[WSBAPT] disinherited children under will entitled to be listed as heirs in petition to open probate and appoint PR

[Joshua McKarcher]

Absolutely, because heirs are distinct from devisees, and the statutes require notice to heirs AND devisees (among others). Basically speaking, heirs are those entitled to assets in intestacy; devisees are those entitled to assets due to be named in a Will.

See sub (6) of RCW 11.02.005 (key word "intestate") and then RCW 11.28.237 re those entitled to notice of probated will, PR appointment, etc. (note use of word heirs distinct from devisees).

The whole point of including disinherited heirs is that it is the one and only time they get notice that they're disinherited and have a legal right to challenge the will (or forever "hold their peace"). If they aren't listed and aren't noticed up, they aren't barred from challenging the will later. 

Best, Josh

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Doug Owens
Sent: Thursday, July 2, 2020 12:08 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] disinherited children under will entitled to be listed as heirs in petition to open probate and appoint PR

Dear Listmates, in your view do adult children who were specifically disinherited by their father in his last will have the right to be listed as heirs in the petition to open probate and appoint a PR?  Thanks for your counsel.  Yours truly, Douglas Owens

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