[WSBAPT] Presumption of Death after 7 years

[Sarah Cuellar]

All,

Has anyone had experience using RCW 11.05A.050(5), which states that "[a]n
individual whose death is not established under this section who is absent
for a continuous period of seven years, during which he or she has not been
heard from, and whose absence is not satisfactorily explained after
diligent search or inquiry, is presumed to be dead."?

How does one go about invoking this statute? Can I cite it in a Petition
for establishing probate to explain away a missing heir, or do I need to
move for a separate order (separate TEDRA case!?) that declares Heir A
deceased by reason of RCW 11.05A.050(5)?

My (free) caselaw databases don't return a single case that cites this
statute.

Thanks for your time,

Sarah

Law Office of Sarah N. Cuellar, PLLC

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