[WSBAPT] Intestate succession or escheat?

Joshua McKarcher josh at mckarcherlaw.com
Wed Jul 14 15:45:28 PDT 2021


Josh,

Forgive me this question (and “maybe” an answer in a roundabout way): Does the brain trust know if Washington has a public administrator statute like Idaho does?

I have never had occasion to be part of such an estate in Washington (but have across the river in Idaho). It’s actually a good statute Idaho has, at least in my experience. County Treasurers generally are public administrators for estates like Josh describes below where there may not be anyone available, willing or incentivized to administer anything. They file petitions for appointment “mostly” as normal, and the County is paid its fees, etc., largely like an ordinary administration.

Unfortunately, it sounds like the deceased wife’s cousins, if any, may be her heirs. BUT a public administrator may find a way to open probate and sell the house to the son at a reasonable price or “something” that achieves a better outcome than the property being abandoned.

We have been able to get decent outcomes like this (e.g., neighbors willing to buy property like Josh describes below) in Idaho cases. It would be wonderful to hear such a solution exists in Washington.

Best, Josh

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Wednesday, July 14, 2021 3:16 PM
To: wsbar trust <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Intestate succession or escheat?

I have a PC whose Dad died in 2011 and then his Dad’s wife died in 2012 leaving no children.  Neither H or W had a will.  There is/was a CP house.  PC wants to inherit the house.
I don’t think there are any heirs of the wife, like parents, siblings or nephews or nieces, & she never had children; but that would take an investigator to figure out.
But does it matter to PC?  Because his dad’s wife inherited  100% of the house by intestate succession instantly, if there are no heirs located or known, wouldn’t this escheat to the state?
This is not a valuable house and there are no funds to hire an investigator.
Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
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