[WSBAPT] Death Certificates

Fri Jul 12 12:40:30 PDT 2024

Follow-up information: I was informed by the Island County Court clerk  staff today that the new requirement is included in  proposed new local rules which will go into effect on Sept. 1. I am trying to track down a copy of the proposed new rules from the Court Administrator. I must have overlooked the email to the local attorneys which circulated them for comment previously. 

 It’s helpful to hear the various ways others prove death. Thank you!

--

Law Office of Margaret Delp

Mailing Address: PO Box 292, Langley, WA 98260

NEW LOCATION:

5671 Crawford Road, Langley, WA (located just off of Highway 525 and shares a driveway with Unity of Whidbey)

Phone: 360-579-4530

Fax: 360-512-3114

www.delp-law.com

From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Mark Anderson <marka at mbaesq.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Friday, July 12, 2024 at 11:33 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Death Certificates

That has also been my practice and experience here in Pierce County.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com
www.mbaesq.com

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jane Bitz
Sent: Friday, July 12, 2024 8:02 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Death Certificates

In Spokane County I have never had to file a separate proof of death. I always file a verified Petition signed by the PR or proposed administrator. Never had any clerk or commissioner ask for proof of death.  

Jane Bitz

WHC Attorneys 

Sent from my iPhone

On Jul 11, 2024, at 3:44 PM, Eric Nelsen <eric at sayrelawoffices.com> wrote:

In King County, which is almost the only place I ever file a probate, I file a personal declaration confirming that I have reviewed a death certificate and confirm that it indicates that the decedent died on such-and-such a date as a resident of X County, but that I am not filing the death certificate for privacy reasons. When the death certificate has not yet been issued, I have done the same kind of declaration confirming that I have some kind of objective proof of death, such as direct contact with the funeral home holding the body, or documentation confirming cremation, or police report, or something. I have not (yet) had my Declaration rejected as insufficient proof of death.

Sincerely,

Eric

Eric C. Nelsen

Sayre Law Offices, PLLC

1417 31st Ave South

Seattle WA 98144-3909

206-625-0092

eric at sayrelawoffices.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Thursday, July 11, 2024 3:28 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Death Certificates

Yes, you do have to have some proof of death and a declaration by me, funeral home, or family member works.

Dalynne Singleton

Gourley Law Group

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael westseattleattorney.com
Sent: Thursday, July 11, 2024 3:25 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Death Certificates

Hey Dalynne, unfortunately, the last two probates in the last couple weeks or returned without proof of death. So if you don’t have a death certificate, you need to provide a declaration maybe from the funeral home,  notice in the paper— client selected to wait for the death certificate in both cases. Mike. 

Sent from my iPhone

On Jul 11, 2024, at 3:12 PM, Dalynne Singleton <dalynne at glgmail.com> wrote:

I know for a fact that King County does not require the death certificate and I always redact the SSN when filing a copy of the death cert. in King county.

I prepare a decl of proof of death when I either don’t have the death certificate or for reasons such as you provide, the family does not want the death cert. filed.

I use a copy of the obituary, funeral or cremation receipt, or news article and King County has not rejected this as proof of death yet – 20 years+ and counting.

There is no statute requiring a death certificate.  If Island county institutes a new rule, it is their own making and I would ask for the local rule that this is now required.

Dalynne Singleton

Gourley Law Group

Snohomish Escrow/The Exchange Connection

1002 10th Street / PO Box 1091

Snohomish, WA 98291

360.568.5065

360.568.8092  fax

dalynne at glgmail.com   Website:  www.glglawgroup.com

Attorney/client meetings will be handled virtually whenever possible.  If you would like to set a telephone conference, zoom, or in person meeting, please call or email one my paralegals Valerie valerie at glgmail.com, Cora cora at glgmail.com, or part time paralegal Theresa theresa at glgmail.com.  Attorney Spencer Clower & paralegal, Kristin Jacobs, can be reached for Estate litigation (spencer at glgmail.com and kristin at glgmail.com). 

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Marcus Fry
Sent: Thursday, July 11, 2024 2:59 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Death Certificates

I would try filing it under seal and see what they say.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Margaret Delp
Sent: Thursday, July 11, 2024 2:53 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Death Certificates

* NOTICE: EXTERNAL EMAIL *

Hello Everyone:

I have general question about filing death certificates with the court when opening a probate. I have always made a photocopy of the death certificate and redacted the health information, social security number, and date of birth.  I keep a certified copy in my file to show to the clerk or the  judge if requested. Occasionally the clerk asks to see it. The judge never has asked or commented on my redacted copy. I know this is not the typical approach, and would not work in King County. Also, the Simultaneous Death Act, RCW 11.05A.050, provides that a certified death certificate is prima facie evidence to establish the fact of death, date, location.  But the statute allows circumstantial evidence to prove death as well, and I thought that with the statements in the verified Petition and the death certificate copy, perhaps that’s why my approach has worked.

Today, I was told by the clerk of Island County Superior Court that beginning Sept. 1, the Clerk will be requiring a certified copy of the death certificate to be filed with all probate petitions. I believe this has been required for years in King County. The Clerk will redact only the Social Security number, presumably to comply with GR 31.  

Does anyone ever worry about the other identifying information (such as date of birth and mother’s maiden name) or health information contained in a death certificates being part of the public record? HIPAA rules protect private health information for 50 years after death, but allow the Personal Representative of an Estate to reveal personal health information on behalf of the decedent. But what if the Personal Rep wants that information kept private?  I have had cases where the family wanted to keep the cause of death private, particularly in the case of suicide. In all cases, I believe that health information should be kept private if possible.

I know when this topic was previously discussed on this listserve, some attorneys noted they use an Affidavit of Death rather than filing a death certificate. Does that approach work consistently in all counties? Could anyone provide me an example which worked. 

Thanks much,

Margaret

--

Law Office of Margaret Delp

Mailing Address: PO Box 292, Langley, WA 98260

NEW LOCATION:

5671 Crawford Road, Langley, WA (located just off of Highway 525 and shares a driveway with Unity of Whidbey)

Phone: 360-579-4530

Fax: 360-512-3114

www.delp-law.com

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
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