[WSBAPT] AUNT DIED INTESTATE - WHAT DOES NIECE DO??

[Jennifer L White]

Hi Fern,
Your answer is in 11.04.015 (pasted below).


RCW 11.04.015 Descent and distribution of real and personal estate. The net estate of a person dying intestate, or that portion thereof with respect to which the person shall have died intestate, shall descend subject to the provisions of RCW 11.04.250 and 11.02.070, and shall be distributed as follows: (1) Share of surviving spouse or state registered domestic partner. The surviving spouse or state registered domestic partner shall receive the following share: (a) All of the decedent's share of the net community estate; and (b) One-half of the net separate estate if the intestate is survived by issue; or (c) Three-quarters of the net separate estate if there is no surviving issue, but the intestate is survived by one or more of his or her parents, or by one or more of the issue of one or more of his or her parents; or (d) All of the net separate estate, if there is no surviving issue nor parent nor issue of parent. (2) Shares of others than surviving spouse or state registered domestic partner. The share of the net estate not distributable to the surviving spouse or state registered domestic partner, or the entire net estate if there is no surviving spouse or state registered domestic partner, shall descend and be distributed as follows: (a) To the issue of the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or if of unequal degree, then those of more remote degree shall take by representation. (b) If the intestate not be survived by issue, then to the parent or parents who survive the intestate. (c) If the intestate not be survived by issue or by either parent, then to those issue of the parent or parents who survive the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or, if of unequal degree, then those of more remote degree shall take by representation. (d) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents who survive the intestate, then to the grandparent or grandparents who survive the intestate; if both maternal and paternal grandparents survive the intestate, the maternal grandparent or grandparents shall take one[1]half and the paternal grandparent or grandparents shall take one-half. (e) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents or by any grandparent or grandparents, then to those issue of any grandparent or grandparents who survive the intestate; taken as a group, the issue of the maternal grandparent or grandparents shall share equally with the issue of the paternal grandparent or grandparents, also taken as a group; within each such group, all members share equally if they are all in the same degree of kinship to the intestate, or, if some be of unequal degree, then those of more remote degree shall take by representation. [2010 c 8 § 2001; 2007 c 156 § 27; 1974 ex.s. c 117 § 6; 1967 c 168 § 2; 1965 ex.s. c 55 § 1; 1965 c 145 § 11.04.015. Formerly RCW 11.04.020, 11.04.030, 11.04.050.]

Jennifer L. White, Esq.
[cid:image001.jpg at 01D963F4.80CCB650]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
2200 S 76th Ave
Yakima, WA 98903
509.225.9813

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Fern Herbert
Sent: Friday, March 31, 2023 5:10 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] AUNT DIED INTESTATE - WHAT DOES NIECE DO??

Hello Listmates:

This one has me stumped.

Aunt died intestate. Niece is the only surviving relative. Estate is under $100K. Outside of probate, is there a legal proceeding that would allow the niece to administer the estate and get it settled? She was listed as the emergency contact but that's all.  I do not see any provision for a niece in the intestate line of succession. This woman needs to lay her aunt to rest and get her estate settled, but there does not seem to be any provision in the law for her to recover any expenses that she may take out of pocket to do this. Will the estate go to the State?  Is there a way for her to be reimbursed for her aunt's final expenses?
Input from colleagues is appreciated. I may be missing something.


Fern Herbert
Managing Attorney
Zenith Law Group, PLLC

Business Mailing Address
4320 196th St. SW B-712
Lynnwood, WA  98036
Phone/Fax: (425) 822-6311

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/20230401/14b987c0/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 987192 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20230401/14b987c0/image001-0001.jpg>