[WSBAPT] Questions re probate with no will but minor heirs

[Joshua Grant]

If the real property is community property you don't need waivers and a LOPA also should work. If not  CP then spouse can apply to be the PR without waivers. and simply send the heirs at law a notice of appointment.

Joshua F. Grant
[cid:image001.png at 01D925A8.1189FE90]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
jgrant at advocateslg.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Emily Tyson-Shu
Sent: Wednesday, January 11, 2023 10:04 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Questions re probate with no will but minor heirs

Dear esteemed colleagues:

A potential client (PC) is a surviving spouse of her deceased husband. Her husband passed away in 2018. No probate has been opened. All assets are under PC's name, except for one real property that they co-owned before. Now that PC would like to clear title into her name only and wonder if she should go with the option of probate or just LOPA.

The PC and her deceased husband have three adult children. One of the adult children has passed away, leaving minor children (a.k.a. PC's grandchildren). The PC's deceased husband left no will. The PC is currently inclined to do a probate. However, based on my research, for the PC to be appointed as PR, since there's no will, we would need waivers from all heirs to waive notices and hearings. It appears to me that a waiver also needs to be signed by the minor grandchildren. Therefore, I wonder if a GAL is required to be appointed for the interests of the minor grandchildren? If yes, then this would be an additional step for the PC which I'd like to make clear to the PC for considerations. Or can the grandchildren's other parent (a.k.a. the PC's son-in-law) sign the waivers on behalf of PC's grandchildren? I may be over-thinking this scenario, but just want to double check in case I miss anything. Any insights are welcome and would be deeply appreciated!

Best,
Emily Shu


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