[WSBAPT] Publishing Notice - Which County

Wed Oct 28 12:45:55 PDT 2020

Dalynne,

I'm with you about filing. It is to be in the County where the probate is being administered, but publication is supposed to be in the "county of the decedent's residence". This estate doesn't happen to have real estate, it was sold shortly before she died.

RCW 11.40.020(2):

(2) If the decedent was a resident of the state of Washington at the time of death and probate proceedings are commenced in a county other than the county of the decedent's residence, then instead of the requirements under subsection (1)(a) and (b) of this section, the personal representative shall cause the notice to creditors in substantially the form set forth in RCW 11.40.030 to be published once each week for three successive weeks in a legal newspaper in the county of the decedent's residence and shall file the notice with the superior court of the county in which the probate proceedings were commenced.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image009.jpg at 01D6AD28.454F72A0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Wednesday, October 28, 2020 12:28 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Publishing Notice - Which County

I always file in county I filed the probate unless the decedent owned real property - then you publish in county where real property was owned.
Unless "residence" means owned real property, I don't file in residence county.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street Box 13
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 Heather de Vrieze
Sent: Wednesday, October 28, 2020 9:14 AM
To: 'wsbapt at lists.wsbarppt.com' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Publishing Notice - Which County

I am pondering the county of publication of notice for an estate we are opening in King County. I know this was a recent topic of discussion, and the law is clear that the county of the decedent's residence is the correct county for publication.

The question I have is one of residency. My facts are client who lived in King County for decades moved to Yakima earlier this year for care because friend who would be caregiver lived there. She moved in with friend, and died a couple months ago. The death certificate lists the Yakima address as her "residence", but it somehow doesn't seem right to publish there given the decades of residence in King County.

Thoughts?

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image007.jpg at 01D6AD28.454364B0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
Click here to connect with de Vrieze | Carney on Facebook:   [FB Logo] <https://www.facebook.com/DeVriezeCarney>

For the latest information regarding firm operations and to see precautions we are taking in light of the Coronavirus crisis please visit our firm's website, www.WestSeattleLaw.com<http://www.WestSeattleLaw.com>.
If I am sick, I will stay home, I ask you to do the same.

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