[WSBAPT] Listing Blood Relatives of Probate

[Philip N. Jones]

Let’s use precise terminology so that we all know what we are talking about.  Heirs do not take under a will.  Heirs take under intestacy, if there is no will.  RCW 11.02.005<http://app.leg.wa.gov/RCW/default.aspx?cite=11.02.005>(6).  Devisees take under a will.
Phil Jones



Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 – office
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael at westseattleattorney.com
Sent: Tuesday, March 9, 2021 2:07 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Listing Blood Relatives of Probate

The usual question if they are not listed are is there a spouse and if there are minors.

[cid:image001.png at 01D714F2.BFBEC270]

-------- Original Message --------
Subject: Re: [WSBAPT] Listing Blood Relatives of Probate
From: <Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>>
Date: Tue, March 09, 2021 1:43 pm
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Eric,

You are right.  I have never had push-back for listing “heirs” even when they do not take under the Will.  The problem is the clients are not from here and have a big distrust of our system.  Why, I don’t know. I did cite the wrong notice statute, but you cited the correct provision.   I conclude I do not have to list the “heirs” in the petition but must give them notice of the proceeding.  The only difference is, since the Will names the  client as PR, I do not need to provide the notice under 11.28.330(3), regarding the time to challenge the appointment.

Thanks for the input.

Jeff



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: Tuesday, March 9, 2021 1:18 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Listing Blood Relatives of Probate

So the objection is only to listing the names in the Petition, and there is no objection to providing Notice of Appointment afterward?

I do it so routinely that I’ve never questioned the practice of listing everyone in the Petition.

I would compare the Will-probate statutes, RCW 11.20.020 and RCW 11.28.010, to the intestacy requirements, RCW 11.28.110. Seems to me from the statutes that proving a Will does not require listing anyone in that Petition, heir or not. The requirement of listing the heirs in the Petition seems to come from the intestacy procedure, RCW 11.28.110. But under either circumstance, notice of appointment and pendency of probate must be served on all heirs at law as well as all beneficiaries under the Will (if there is one). RCW 11.28.237.

In King County at least, the practice of listing heirs and Will beneficiaries in the petition is so routine, one might get pushback from a commissioner if it’s not done. Even if there is no strict legal requirement.

I might ask more to find out what the underlying issue is. Maybe it’s just the symbolism of listing them in the Petition, but maybe they are under a misunderstanding about what it signifies to have the name in the petition (basically, nothing).

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 Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: Tuesday, March 9, 2021 11:47 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Listing Blood Relatives of Probate

Listmates:


Decedent’s Will names his step-children as sole heirs.  One step-child, who is the named PR, strenuously  objects to listing the decedent’s living blood relatives as heirs in the petition to admit the Will to probate.  He wants their names removed from the petition.  Question is do we need to list the blood relatives in the Petition, or just give them notice of the appointment and a copy of the Will?  RCW 11.28.330 seem to say just give heirs notice of the appointment and their right to contest the appointment within four months?

Jeff Davis
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