[WSBAPT] Suing a deceased person

[Stephen Brandli]

Folks,

I have an adverse possession case involving property with a deed of trust.  One of the two beneficiaries of the deed of trust is deceased, but I do not know if there is a current personal representative or who the heirs are.  I have included the standard "all other persons or parties unknown claiming any right, title . . ." language.

Three questions:


  1.  How would you name the deceased person as a party?  Simply "<party>, deceased," or "the heirs of <party>, deceased," or something else?
  2.  What diligence do you believe I should be doing to ascertain the status of the beneficiary's estate?
  3.  When I publish the summons, should I say anything in particular with regard to this deceased party?

Thanks for the help in advance!

                Steve
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