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

Eric Nelsen eric at sayrelawoffices.com
Fri Mar 31 17:32:22 PDT 2023


Niece, as presumably child of a deceased sibling, should be the heir if she is only surviving relative. See RCW 11.04.015(2)(c)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.04.015>-if no spouse, no children, parents deceased, then to siblings and children of deceased siblings (niece) by right of representation.

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 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

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