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

[Eric Nelsen]

I think the named executor in a will has priority over surviving spouse. See the first sentence of RCW 11.28.120, which confirms it only applies if there is no will, or if all the named executors have declined or fail to act. I agree that spouse can still administer all community property under RCW 11.28.030.

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>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Sarah McCarthy
Sent: Thursday, August 8, 2024 2:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Does omitted spouse have authority to be PR under RCW 11.28.120(1)?

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<mailto:sarah at kawlawyers.com> | www.kawlawyers.com<http://www.kawlawyers.com>



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