[WSBAPT] Small estate affidavit question

[Heather de Vrieze]

Suzanne,

The statute, 11.62.010(2) (h) requires that the affidavit state:
“That the claiming successor has given written notice, either by personal service or by mail, identifying his or her claim, and describing the property claimed, to all other successors of the decedent, and that at least ten days have elapsed since the service or mailing of such notice;”

I think the law is still catching up to how much is done via email, but mail is pretty easy. I don’t see any reason that they need to be certified mail, except to prove it was done, but the affidavit should serve that purpose.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Monday, January 25, 2021 10:53 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Small estate affidavit question

Hello,

It looks like in the instructions for the small estate affidavit procedure, the Notice to Other Successors needs to be "hand-deliver[ed]" or else sent "certified mail, return receipt requested."

We are looking at upwards of 20 successors who need to be notified in Canada for a client, but it doesn't make sense that both forms of delivery would be accepted. If they can be hand-delivered, why not email, if the forms need to be executed anyway and the claimants just need to keep dated copies (i.e. they are not presented to banks together with the small estate affidavit)?

Sincerely,

Suzanne Lieberman
CMS Law Firm LLC<http://cmslawfirm.com/>
811 Kirkland Ave. Suite 201 (please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)


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