[WSBAPT] Administering Probate when Will lacks residuary clause

Wed Aug 31 18:26:33 PDT 2022

 TEDRA agreement or RCW 11.96A.125 if you have clear, cogent, and convincing evidence of the Testator's intent see The Estate of Earl Holmes Div I Unpublished allowing for insertion of provision for the disposition of estate where the Will had no article disposing of any of the estate's assets.

    On Monday, August 29, 2022 at 11:25:34 AM PDT, Diane J. Kiepe <djkiepe at depdslaw.com> wrote:  

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I have had this happen and by law the items that are not specifically distributed would in fact pass under intestacy laws.  It’s as if the probate is partially testate and partially intestate.  You could ask for instructions if you are concerned but I am of the opinion that it is unnecessary. 

For the future, if you didn’t do it this time, if you run into this, mention it in the petition and direct how it will be distributed.

Good old self-lawyering.

Diane J. Kiepe

Diane J. Kiepe

Douglas Eden

717 W. Sprague Ave.

Suite 1500

Spokane, WA  99201

djkiepe at depdslaw.com

509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>On Behalf Of Joshua Grant
Sent: Monday, August 29, 2022 10:35 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Administering Probate when Will lacks residuary clause

Distribute under intestate statute; never have done this but I would (1) do a TEDRA agreement with all heirs signing off on it or (2) ask for instructions from the court.

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

jgrant at advocateslg.com

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 
www.jennylinglaw.com | facebook.com/jennylinglaw/

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