[WSBAPT] Does omitted spouse have authority to be PR under RCW 11.28.120(1)?

[Sarah McCarthy]

We all know that the omitted spouse statute says that the omitted spouse
gets to take the spouse's intestate share of assets that the spouse would
otherwise have received had the testator died intestate.

But - does the omitted spouse also have first priority rights to be PR,
under RCW 11.28.120(1), as if the testator had died without a will?

Or, is the omitted spouse stuck with the PR named in the Will, and the
option of seeking appointment as to the CP estate under RCW 11.28.030
<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28.030>?

Thanks for any input,

Sarah

*Sarah O’Farrell McCarthy*


*(Pronouns: she / her)*Attorney, Partner | Kelly, Arndt & Walker, Attorneys
at Law, PLLP
P.O. Box 290 | 6443 Harding Avenue | Clinton, WA  98236

(Located on Whidbey Island, Island County, Washington)
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com | www.kawlawyers.com


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