[WSBAPT] Presumption of Death after 7 years

[Marcus Fry]

I can tell you I thought about using this statute in a missing trust beneficiary case.  What gives me pause is the tile of the Chapter- Uniform Simultaneous Death Act.  Moreover, the majority of the Chapter’s provisions focus on minimum survival requirements.  With that said, the statute never actually limits the applicability of RCW 11.05A.050 (evidence of death) to simultaneous deaths.

Let me know if you file a petition and make the argument of its application.

Best of luck,

Marcus

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah Cuellar
Sent: Wednesday, April 24, 2024 1:34 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Presumption of Death after 7 years

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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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