[WSBAPT] Administering Probate when Will lacks residuary clause

[Bruce Moen]

Yes, some assets bequeathed and others by intestacy is possible.  I had such a case years ago, contested and an unpublished opinion. Estate of Vera G. Harris, 130 Wn.2d 1023, 930 P.2d 1230 (1997).
There may be more recent cases and/ or published opinions. But we had a lot of briefing and authority in that case by both sides that may be helpful.

I'm offering this only as a starting point.

  Bruce Moen

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of msafren at jennylinglaw.com
Sent: Saturday, August 27, 2022 12:01 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Administering Probate when Will lacks residuary clause

Hello Fellow Listservers,

My client is needs to probate an estate, where the decedent  had a valid will that had no residuary clause and some of estate assets are not specifically named or bequeathed to others.  The decedent apparently executed the will from an internet template.  The will follows all the other formalities, it is self-proving, names a PR, empowers the PR to act without court intervention or bond, and specifies that the PR has all the powers necessary to administer the estate.

Has anyone ever encountered a situation like this, where only some of the probate assets are bequeathed under the will and other probate assets are completely unaddressed due to a total lack of a residuary clause?  If so, did the PR distribute the assets which are not addressed under the will via the laws of intestacy? If not, how did you advise the PR to administer the estate?

Any advise or references to case law answering this question are appreciated.  Thank you in advance.

Warmest regards,

Michael S. Safren, Esq.
Attorney at Law

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005
P: (206) 859-5098 | E: msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
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