[WSBAPT] Notice of Filing of Declaration of Completion

Tue Aug 9 18:18:44 PDT 2022

I would second Josh's but also open to correction.

The newer statute seems to have made us a little more cautious but every time I work through it I have come up with the results stated below.  Parents don't get notice because presumably, upon notice of the opening of the probate, they have had an opportunity to challenge any Will presented.  The nonprobate folks will deal with payor of such assets directly.

Best of luck.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Joshua McKarcher
Sent: Tuesday, August 9, 2022 4:37 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Notice of Filing of Declaration of Completion

I'm going to boldly guess without referring to the statute to test my understanding (although I do read the statute each time if it's anywhere near this complex). I am thinking:

  1.  Initial notice of probate: parents (heirs) and devisees named in will. Nobody else required.
  2.  Notice of completion: only devisees. Not parents or nonprobate asset recipients. (And it may be that devisees are only those who get residuary gifts. It's possible you don't owe it to anyone whose specific gift was paid already, but I'm not sure I ever rely on that one.)

But I will say, Steve, I recently analyzed this in an odd one, and I honestly thought the statute could use a "clarity update" for sure.

So now we shall see what the People Who Know say, and I may be crawling under a rock . . . ???

Best, Josh

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 steve at aitalaw.com<mailto:steve at aitalaw.com>
Sent: Tuesday, August 9, 2022 5:06 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Notice of Filing of Declaration of Completion

This seems like a really elementary question, and I'm a little embarrassed to be asking it, but I've suddenly got a bug in my head and I'm wondering if maybe I've been doing this wrong for the last 25 years. RCW 11.68.110(4) and 11.96A.030(5) have got me questioning myself, especially with the latter's "and may include without limitation the following" language. Here's the scenario:

Decedent died leaving a valid Will, naming a non-relative friend as PR. No spouse or kids, but she is survived by both parents, two brothers, and five adult nieces. Her Will leaves nothing to her parents, but makes specific gifts to Brother A and Nieces 1, 2, and 3, and the residue goes to Brother B. Nieces 4 and 5 receive gifts of nonprobate assets. Estate has been administered without a hitch or hiccup and is about ready to close. Really easy.

Here's my question: Who are the "parties" entitled to notice of the filing of the Declaration of Completion? Just the devisees under the Will? The devisees plus the beneficiaries of the nonprobate assets? The devisees plus the nonprobate beneficiaries plus the parents?

I think I may be overthinking this...

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P. Stephen Aita
Attorney at Law
Admitted in Washington & Idaho

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