[WSBAPT] Petition for Administration under RCW 11.76.243

[Eric Nelsen]

I haven’t petitioned for Letters in this exact situation before but I don’t think it differs from any other petition for probate, except in place of any proof of death I’d just recite RCW 11.76.243 and indicate that the petitioner is proceeding based on the statutory prima facie proof of death.

I wonder what the administration is going to look like, though. The “prima facie proof” after 4 years appears to conflict with the 7-year requirement under RCW 11.05A.050(5). Maybe the estate would have to sit open until the person has been missing for 7 years? And I think the PR would have some duty to do some searching to try to find the presumed-deceased. Credit report maybe, which would show if there has been any economic activity.

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 On Behalf Of Alexis Singletary
Sent: Tuesday, April 18, 2023 10:15 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Petition for Administration under RCW 11.76.243

Posting again- didn’t get a response from 3/10/23 post.  Someone has to have done this before. 😊
Anyone have Petition and Order or if you can help him please let me know.  My 3/10 post below.

Old probate closed; atty for PR deposited about $30,000 with King County Court Treasury for Absentee Heir (I think that’s where the money is).  Been 4 years since deposited with King County.  Dept of Revenue sends letter to the PR “You are in the 90-day window under RCW 11.76.243.  You can apply to be administrator otherwise King County will send the funds to DOR.”

Heir search was done during probate.  No evidence of the gentleman- older ½ brother of the 3 siblings (would be now in his 70s).  No evidence of next of kin of the ½ sibling.  3 siblings want to petition for administration under the statute for non-appearing claimant heir as his next of kin.

Who can help him?  Or email me Petition and Order and I’ll give it a go!  😊

Thank you!!!
Alexis
___________________________
Alexis R. Singletary
Attorney at Law
Singletary Law Office, PLLC
(253) 833-8855
www.SingletaryLawOffice.com<http://www.singletarylawoffice.com/>

This message is from an attorney, so it’s confidential and may be protected by attorney-client privilege and/or the work-product doctrine.  If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Alexis Singletary
Sent: Friday, March 10, 2023 3:43 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Petition for Administration under RCW 11.76.243

Who has done this?

Old probate closed; atty for PR deposited about $30,000 with King County Court Treasury for Absentee Heir (I think) that’s where the money is).  Been 4 years since deposited with King County.  Dept of Revenue sends letter to the PR “You are in the 90-day window under RCW 11.76.243.  You can apply to be administrator otherwise King County will send the funds to DOR.”

Heir search was done during probate.  No evidence of the gentleman- older ½ brother of the 3 siblings (would be now in his 70s).  No evidence of next of kin of the ½ sibling.  3 siblings want to petition for administration under the statute for non-appearing claimant heir as his next of kin.

Who can help him?  Or email me Petition and Order and I’ll give it a go!  😊

Happy Friday!
Thank you.
Alexis
___________________________
Alexis R. Singletary
Attorney at Law
Singletary Law Office, PLLC
(253) 833-8855
www.SingletaryLawOffice.com<http://www.singletarylawoffice.com/>

This message is from an attorney, so it’s confidential and may be protected by attorney-client privilege and/or the work-product doctrine.  If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

CLIENT ADVISORY:  A spam filter is in use in our IT system.  If you have not received a Reply to an e-mail message within seventy-two hours, please call or leave a voice mail message with the receptionist at 253.833.8855.

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