[WSBAPT] Suing a deceased person

Wed Apr 21 08:27:32 PDT 2021

You should look at CR 25.  Snohomish County Superior did not allow a trial to go forward because the plaintiff had died and his PR was
Not substituted in the case.  Be careful.

CR 25
SUBSTITUTION OF PARTIES

    (a)  Death.

    (1)  Procedure. If a party dies and the claim is not thereby extinguished, the court may order substitution
of the proper parties. The motion for substitution may be made by the successors or representatives of the
deceased party or by any party and, together with the notice of hearing, shall be served on the parties as
provided by rule 5 for service of notices, and upon persons not parties in the manner provided by statute
or by rule for the service of a summons. If substitution is not made within the time authorized by law,
the action may be dismissed as to the deceased party.

    (2)  Partial Abatement. In the event of the death of one or more of the plaintiffs or of one or more of the
defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs
or only against the surviving defendants, the action does not abate. The death shall be suggested upon
the record and the action shall proceed in favor of or against the surviving parties.

    (b)  Incompetency. If a party becomes incompetent, the court upon motion served as provided in section (a) of
this rule may allow the action to be continued by or against the party's representative.

    (c)  Transfer of Interest. In case of any transfer of interest, the action may be continued by or against
the original party unless the court upon motion directs the person to whom the interest is transferred to be
substituted in the action or joined with the original party. Service of the motion shall be made as provided
in section (a) of this rule.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
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Snohomish, WA 98291
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Stromberg, Spencer
Sent: Tuesday, April 20, 2021 5:10 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Suing a deceased person

I have done several of these where there has not been a probate in Washington, and I've just named the deceased individual(s) "and heirs, successors and assigns of same." I do some due diligence to try to find heirs. If we find them, we serve them if possible, but we also publish because we can't be sure we've found all of the heirs or beneficiaries of any will that may have existed. I haven't yet had one where there has been a probate, but if there had been one, I'd name the PR/administrator.

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On Tue, Apr 20, 2021 at 11:12 AM Stephen Brandli <steve at brandlilaw.com<mailto:steve at brandlilaw.com>> wrote:
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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