[WSBAPT] SMALL ESTATE AFFIDAVIT QUESTION

[Eric Nelsen]

If a wrongful death claim is to be pursued, a PR must be appointed. No way around it. RCW 4.20.010. That statute was amended in 1917 to remove the beneficiary's right to maintain the action and made only the PR eligible to act as plaintiff.

I have opened many no-asset probates for that purpose.

Eric Nelsen
Sayre Law Offices PLLC
206-625-0092

On Sep 2, 2022 4:09 PM, Fern Herbert <fern at zenith-lawgroup.com> wrote:
Dear Listmates,

Decendent died intestate. Estate currently under $100,000, and is likely going to be insolvent. Possible wrongful death claims - needs to be investigated by separate counsel. Can a Small Estate Affidavit be used to settle matters or do we have to open probate under the totality of circumstances. Would appreciate some statutory reference from someone who knows. Thanks much.


Fern Herbert
Managing Attorney
Zenith Law Group, PLLC

Business Mailing Address
4320 196th St. SW B-712
Lynnwood, WA  98036
Phone/Fax: (206) 686-7373

Office locations in: Arlington, Bellevue, Bothell, Everett, Kirkland, Lynnwood, Mt. Vernon, Renton, downtown Seattle


*The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that unauthorized viewing, dissemination, distribution or copying of this transmission is in violation of the Electronic Communications Privacy Act of 1986 (18 U.S.*C. § 2700 *et seq.) as well as Domestic and International Laws and Treaties. If you have received the communication in error, please immediately notify  Zenith Law Group by telephone call to (206) 686-7373.*


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20220903/2723fee2/attachment.html>