[WSBAPT] Notice of Appointment when possible relatives are unknown

[msafren at jennylinglaw.com]

Hello Everyone,

 

I wanted to seek the collective listserv's wisdom on a possible notice of
appointment of Personal Representative issue.  

 

Quick summary:

Decedent left all their assets to a non-relative friend through the
decedent's will.  Friend believes that decedent may still have living
relatives in another state or states, but isn't sure of any of the
identities or names or contact information for possible living relatives (if
any exists).  A search of the decedent's papers, records, and correspondence
has not revealed the names or identities of any relatives.  

 

Per RCW 11.28.237, all beneficiaries and those who would have been heirs at
law had there been no will are due notice of the PR's appointment within 20
days.  Yet, without any knowledge or information about possible relatives,
the PR is concerned that the PR is unable to comply with RCW 11.28.237.

 

Case law appears to limit the PR's responsibility to 'make an earnest effort
in the course of his trust to determine who would be lawfully entitled to
the estate.'" In re Estate of Little, 127 Wn. App. 915, 923, 113 P.3d 505
(2005) (quoting Hesthagen v. Harby, 78 Wn.2d 934, 941, 481 P.2d 438 (1971).
However, it is unclear if there is any safe harbor or specific steps that a
PR can take to insulate themselves from claims that they failed to exercise
reasonable diligence in attempting to locate and notify any relatives who
may have been heirs at law should the decedent have died without a will. 

 

Questions:

Does anyone have suggestions how to comply with RCW 11.28.237 in these
circumstances and demonstrate reasonable diligence?  Can a notice of
appointment be published in a newspaper a la RCW 4.28.100? Without any
names, it is unclear where to even begin a search for living relatives.  

 

Any ideas, suggestions, or opinions are welcome. 

 

Thanks!!

 

Kind regards, 

Michael S. Safren, Esq. 
Attorney at Law 


 
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