[WSBAPT] Filing Probate to Commence Personal Injury Action

[Martin]

I did it though many years ago and treated it just like an ordinary probate.
Sorry, cannot recall what happened next, but it was not bad - if memory
serves it let us do what we needed to do.  

 

From: wsbapt-bounces at lists.wsbarppt.com On Behalf Of Jeff Davis
Sent: Tuesday, March 17, 2020 9:14 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Filing Probate to Commence Personal Injury Action

 

Listmates;

 

I believe there was a string about this not to long ago, but now the issue
is before me.  A PI attorney has asked I help in opening two probates so
personal injury actions can be started against the estates (with the reality
only the insurance policies will pay).  The "defendants" have been dead for
over a year and no probates were ever started.  One had a Will which was
filed with the Court.  The other may or may not have a Will, but none was
filed.  My question is the process.  Can I just go in ex parte, as the
creditor, and open the probate?  Do I have to give advance notice to heirs?
I obviously do not know who they are.  Plus, as the probate is only to allow
for the injury suit, does one have to do a full blown probate, with an
inventory, notice to creditors?  The latter duties seem impractical as we
have no access to asset and liability information  and of course any heir is
a bit hostile  to our position.  I looked at Title 11 but nothing jumped out
at me for guidance.    Your help would be appreciated.

 

Jeff Davis

 

W. Jeff Davis, Esq.

BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129 
Fax No.: (360) 683.1258 
email:  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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