[WSBAPT] Process for declaring someone dead.

[Eric Nelsen]

So far as I know, it takes seven years under RCW 11.05A.050(5)<https://app.leg.wa.gov/rcw/default.aspx?cite=11.05A.050>. If you can demonstrate facts that make it likely the person died before then, the declared date of death can be earlier, but I think you still have to wait the seven years. Estate to take care of missing person's assets in the interim is handled under Ch. 11.80 RCW<https://app.leg.wa.gov/RCW/default.aspx?cite=11.80&full=true>.

I think if the known circumstances make it likely the person has died, a county coroner can issue a certificate of presumed death earlier than seven years. See RCW 11.05A.050(4)<https://app.leg.wa.gov/rcw/default.aspx?cite=11.05A.050> and RCW 70.58A.200(8) and (9)<https://app.leg.wa.gov/RCW/default.aspx?cite=70.58A.200>.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Monday, September 19, 2022 1:13 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Process for declaring someone dead.

Listmates:

Is there a statute that sets up the process, under which a person, who has been missing for many months, can be declared dead?

Jeff

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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