[WSBAPT] Survey: Publish Notice to Heirs

[Eric Nelsen]

I don't. I don't think it has much practical effect. My analysis has been: The PR's duty is to use reasonable diligence to determine identity and address of heirs. The purpose is to provide due process for heirs, and the cases I have reviewed all center on whether or not actual notice was mailed/served on the particular heir and whether or not the PR had used reasonable diligence to locate them.

I don't think there is case authority, in a probate context, that publication of a notice of pendency of probate has any effect on the unknown heirs' due process rights. The question is still, did the PR use reasonable diligence to ascertain who and where they are. If the PR did not, publication won't help; if the PR did, then I think publication is unnecessary (though possibly helpful in a tangential way in demonstrating an effort to give notice?).

RCW 11.28.237 does say that "personal service" is one way to give notice to an heir, but I don't think publication of summons qualifies as that. Plus, as a practical matter, RCW 4.28.140 won't work-it specifies that the form of publication has to be "in the same manner as in actions against nonresident defendants," which is in RCW 4.28.110, and that form of summons is clearly a 60-day summons to answer a civil action, and not a Notice of Pendency in a probate administration.

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 Christopher Neil
Sent: Friday, February 18, 2022 12:31 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Survey: Publish Notice to Heirs

Probate Colleagues,

Do you ever publish notice (as in RCW 4.28.140<https://app.leg.wa.gov/rcw/default.aspx?cite=4.28.140>  to known intestate heirs, whose name or address are unknown and cannot be determined?  RCW 11.28.237<https://app.leg.wa.gov/RCW/default.aspx?cite=11.28.237>


Chris Neil | Attorney | Neil & Neil, P.S.
5302 Pacific Avenue,Tacoma,WA 98408 | Chris.Neil at NeilLaw.com<mailto:Chris.Neil at NeilLaw.com>
(253)475-8600 | f:(253)473-5746







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