[WSBAPT] notify DSHS

[Eric Nelsen]

Paul—Your procedure is okay. The Notice of Appointment goes to DSHS only if the PR does not publish a Notice to Creditors “within 30 days of appointment.”

RCW 11.28.237<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28.237>
Notice of appointment as personal representative, pendency of probate—Proof by affidavit.
(1) Within twenty days after appointment, the personal representative of the estate of a decedent shall cause written notice of his or her appointment and the pendency of said probate proceedings, to be served personally or by mail to each heir, legatee and devisee of the estate and each beneficiary or transferee of a nonprobate asset of the decedent whose names and addresses are known to him or her, and proof of such mailing or service shall be made by affidavit and filed in the cause. If a trust is a legatee or devisee of the estate or a beneficiary or transferee of a nonprobate asset of the decedent, then notice to the trustee is sufficient.
(2) If the personal representative does not otherwise give notice to creditors under chapter 11.40<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40> RCW within thirty days after appointment, the personal representative shall cause written notice of his or her appointment and the pendency of the probate proceedings to be mailed to the state of Washington department of social and health services' office of financial recovery, and proof of the mailing shall be made by affidavit and filed in the cause.


Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Thursday, August 5, 2021 11:12 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] notify DSHS

Huh?!?! Gulp.  I have been only sending the Notice to Creditors to both the Dept of Finance and DSHS.  I have not been sending the separate Notice of Appointment and Pendency of Proceedings to the Dept of Finance.  WHY?  Because the very first words of the Notice to Creditors states “The Personal Representative named below has been appointed as Personal Representative of the above estate…..”  Are you guys saying that giving the Dept of Finance only the Notice To Creditors is inadequate?     My Notice of Appointment and Pendency of Proceedings, in total, says “YOU ARE NOTIFIED that on ____, 2020, the undersigned was appointed and has qualified as Personal Representative of the above estate, and that probate proceedings are pending.”

Has the Dept. of Finance argued, with a straight face, that receiving a Notice to Creditors that states “The Personal Representative named below has been appointed as Personal Representative of the above estate…..” did not give them adequate notice Joe Blow has been appointed as a PR?




[cid:image001.jpg at 01D789ED.DFC0FBE0]

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 Eric Nelsen
Sent: Thursday, August 5, 2021 10:23 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] notify DSHS

If you started the probate and sent notice to DSHS (with decedent’s SSN, which is required per RCW 11.40.020(1)(d) as to Notice to Creditors so I do the same under RCW 11.28.237 even though it doesn’t have that same express requirement), there’s nothing further to do with them. They will file a creditor’s claim or take other action if there is any money owing by the decedent.

Note that PR is also required to send Notice of Appointment to Dept of Revenue in addition to DSHS. See RCW 11.28.238.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

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 Lynn Clare
Sent: Thursday, August 5, 2021 10:07 AM
To: WSBA Probate & Trust listserve <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] notify DSHS

All,

My first more complicated estate and I am filled with questions. The estate is worth well over $100,000, so I sent the Notice of Appointment to DSHS. This is where my deskbook and the State website stop providing any information about what to do.

I have heard nothing back from DSHS. What is my next step?

Thank you in advance for your help,

Lynn Clare
Clare Law Firm, PLLC
Fircrest, WA
lynnclare at clarelawfirm.com<mailto:lynnclare at clarelawfirm.com>

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