[WSBAPT] Definition of "heir"

[Karl Flaccus]

Yes, definitely give notice to the sibling, which would give him or her the opportunity to argue that not all the estate is community property, and doing so protects the PR.

Karl

FLACCUS LAW
7010 35th Ave. N.E.
Seattle, Washington  98115
206 523-0297

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jon Fritzler
Sent: Monday, June 20, 2022 3:27 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Definition of "heir"

RCW 11.02.005 provides that: "Heirs" denotes those persons, including the surviving spouse or surviving domestic partner, who are entitled under the statutes of intestate succession to the real and personal property of a decedent on the decedent's death intestate.

Decedent died intestate and was survived by a spouse and one sibling. Decedent never had any children. Per RCW 11.04.015(2)(c), the decedent's sibling is entitled to one-quarter of the decedent's separate property per RCW 11.04.015(2)(c). According to the surviving spouse, however, the decedent's estate is composed of community property only. The surviving spouse is entitled to all of the decedent's share of the community property. RCW 11.04.015(1).

Even though it appears that the decedent's sibling is not entitled to any property from the estate, would you nonetheless list the sibling as an heir in the petition to appoint the surviving spouse as personal representative and send them a Notice of Appointment?  If you don't list the sibling and give them notice, aren't you risking that they could pop up later to say, "Actually, the decedent did have some separate property and I should have received 25% of it."

Sincerely,
Jon M. Fritzler
Attorney at Law
717 E. 22nd St.
Vancouver, WA 98663
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

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