[WSBAPT] SMALL ESTATE AFFIDAVIT QUESTION

[Dalynne Singleton]

The only thing I would add to Eric’s post is that some insurers will accept the SEA if the person is the only heir/beneficiary under the WD statute and issue the check directly to the WD beneficiary c/o attorney’s office.  This places risk on the insurer and the beneficiary, and I caution attorney to prepare a distribution sheet for the client/benef. which incorporates the risk, but I have witnessed it first-hand being handled in this way.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Friday, September 2, 2022 10:08 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] SMALL ESTATE AFFIDAVIT QUESTION

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<mailto: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

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