[WSBAPT] out-of-state beneficiary dies after survivorship period, will won't be probated

[Chandra Lewnau]

Decedent dies and probate is opened in WA. I represent the PR. About a year
later, one of the beneficiaries dies. Beneficiary lived in Oregon, was
survived by two adult children, and had a pourover will and a living trust.
Living trust leaves everything 50/50 between the one child and a special
needs trust for the second child. Oregon beneficiary's family don't want to
open a probate. The bequest is only a few thousand dollars so it is not
worth their while.

What formalities should the PR require to distribute the small bequest? The
Oregon small estate affidavit procedure requires that the property be
located in Oregon. The Washington small estate affidavit statute states
that the decedent must have lived in Washington. I was thinking of just
doing a modified small estate affidavit signed by the child who is also
trustee of the living trust to at least have something. I think the chances
of there being an issue are very low so I am looking for an alternative to
opening a probate or depositing in the registry of the court.

Any advice appreciated.

-- 

*Chandra M. Lewnau*  *|*  Attorney

WALL GROUP LAW

51 W. Dayton St., Suite 305  *|*  Edmonds, WA 98020

*Tel* 425.670.1560  *|*  *Fax* 425.361.1512  *|* http://www.wallgrouplaw.com


THIS ACCOUNT IS FOR MAILING LIST PURPOSES ONLY.

For faster response email chandra at wallgrouplaw.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220729/43f274e2/attachment.html>