[WSBAPT] Was Decedent a Resident of WA for Purpose of Probate?

[Wendy Malkin]

Hi Listmates,

I opened a probate in King County for a decedent who moved from California 30 days before his death. His sons moved him to Seattle so that he could be in hospice near their homes. He lived his last 30 days in assisted living in Seattle where he received hospice care. For court jurisdiction over the probate, the order says he died in WA.

I published notice to unknown creditors in Washington.  However, I am wondering if I should do notice to unknown creditors in California (publish in a paper and notify California's Medicaid agency and dept. of revenue, if required in California).  Or, can I call him a resident of WA and not do notice in California?   Another possibility is to ask the probate court to say he is a resident in a subsequent order.

He had no real property in California.  He did not have a living trust.  This is a fairly small estate.  The only probate asset identified so far is a cash account. This is an intestate probate, and the only heirs are his two sons who are friendly with each other.

RCW 11.40.020 says for a resident of WA, publish notice in the county where the person lived if the probate is opened in another county. I don't feel like that helps much in my case.

Thanks for your help,

Wendy


Salmon Bay Law Group, PLLC

1734 NW Market Street

Seattle, WA 98107

206-735-3177

www.salmonbaylaw.com



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