[WSBAPT] passing of a friend with no family ties

[Eric Nelsen]

The right to control disposition of remains is under RCW 68.50.160<https://app.leg.wa.gov/RCW/default.aspx?cite=68.50.160>. The key is subsection (5), which gives the funeral home or the ME authority to act on instructions of "the most responsible party available" if there are no ascertainable relatives available named under subsection (3). But in my experience some MEs and funeral homes are reluctant to rely on (5).

Ordinarily the PR is not part of the decision regarding disposition, unless that authority is stated in a Will. For intestacy, I haven't done this myself yet, but you might consider including in the petition for appointment a recital that none of the persons under RCW 68.50.160(3) have been located, and accordingly the PR requests that the Court expressly authorize them to make disposition of the remains if the ME has not found a relative. That might reassure the ME sufficient to allow the PR to act.

Re death cert, you don't absolutely need one. I don't file them myself. When the court has demanded more proof (beyond the verified petition itself, which is evidence under oath, alleging death of the decedent), I have included statements confirming that, for example, a death notice or obituary was published in such-and-such paper and online at [website address]; or I have personally contacted funeral home X and they verified they have custody of the remains.

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>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sharon Rutberg
Sent: Friday, June 4, 2021 9:34 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] passing of a friend with no family ties

Hello, friends -

Client's good friend died and was estranged from his family. His body was claimed by the Seattle area medical examiner, which said it would try to locate a family member to authorize cremation. (They may have found one, but the information coming from their office is unclear.) Couple of questions -


  1.  Does anyone have experience with claiming remains from the Seattle ME if no family member steps forward?


  1.  Client may want to petition to be executor of his estate if no family member steps forward, but I think she needs a death certificate to do that, yes? But it appears she can't get a death certificate unless she is already his legal representative. Is there a way to seek a court order for purposes of getting a death certificate? Or any way to get appointed executor without a death certificate?

Much appreciated -
Sharon

Sharon C. Rutberg, Attorney at Law
Salmon Bay Law Group, PLLC
1734 NW Market St.
Seattle, WA 98107
206-735-3177, ext. 2
sharon at salmonbaylaw.com<mailto:sharon at salmonbaylaw.com>
Website: www.salmonbaylaw.com<http://www.salmonbaylaw.com/>
Washington State Bar #47055

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