[WSBAPT] Who is Entitled to Notice of Appointment

Wed Oct 12 11:19:34 PDT 2022

If the heirs at law were not given notice, they can reopen the estate
regardless of the passage of time.  I had a case a few years back where some
relatives had a falling out and petitioned to reopen an estate that was
closed about 15 years, due to lack of notice of opening and closing (not due
to lack of knowledge of the probate).  The challengers ultimately lost and
nothing changed, but it cost everyone a lot of money.

Lenard L Wittlake, PLLC

Attorney & Counselor at Law

22 East Poplar Street, Suite 202

P.O. Box 1233

Walla Walla, WA 99362

(509) 529-1529 voice

(509) 850-3515 fax

 <mailto:Lenard at wittlakelaw.com> Lenard at wittlakelaw.com

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lovie Bernardi
Sent: Tuesday, October 11, 2022 2:04 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Who is Entitled to Notice of Appointment

Dear listserv members,

It has always been my practice to send notice to the children of a decedent
when opening a probate, even when it appears all decedent's property is
community property and goes to the surviving spouse. I have been contacted
by the child of a decedent who did not receive a notice of appointment when
her father's probate was filed. The probate has been closed for three years
and she and the other children just found out about the probate. I viewed
the petition (filed by step mother) online and the children were not listed
as heirs and the petition states all property was community property.
Setting aside the issue that there is nothing for the heirs to claim if all
property was community, were the heirs entitled to notice? I've looked at
the statute and the definition of heirs is as follows : 

"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.

I suppose it could be argued that if there is no separate property, the
heirs other than the surviving spouse aren't entitled to any property and
therefore aren't entitled to notice. But I would argue that they should be
given notice so they can demand an inventory of the assets so they can
dispute the characterization of the assets as community property, if
appropriate. 

I would like to know how others view this issue. Thanks!

Lovie

Lovie L. Bernardi

Flaherty & Bernardi, PLLC

3600 15th Avenue West #205

Seattle, WA  98119

(206) 682-2616

lovie at fb-lawfirm.com <mailto:joni at sbfirm.com> 

http://fb-lawfirm.com <http://sbfirm.com/> 

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