[WSBAPT] Testate Disclaimed Beneficiaries Entitled to Notice of Probate Closure under RCW 11.68.110

[Mark Anderson]

Dear Ryan:

RCW 11.96A.030 (5) (d) defines a "Party" as including:

(i) Each personal representative appointed to execute the will governing that property;
(ii) Each devisee or legatee of that testate property;
(iii) Each holder of a power relating to the testate property following the testator's death; and
(iv) Each creditor whose claim has been established by allowance or judgment;

In my view, a disclaimer does not affect these definitions, but only affects the interest(s) the person disclaiming would have otherwise received under the Will.  I would give them the notice.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
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www.mbaesq.com<http://www.mbaesq.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ryan Castle
Sent: Monday, July 22, 2024 11:19 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Testate Disclaimed Beneficiaries Entitled to Notice of Probate Closure under RCW 11.68.110

Hi All,

Are testate beneficiaries who disclaimed all their interest as beneficiaries (no creditors) in the estate entitled to notice of probate closure (or alternatively, must sign waiver of notice of closure) pre RCW 11.68.110? All parties as defined by 11.96A.030 must receive notice or waive notice. And 11.96A.030 definition of "Party" includes all those with legal or equitable interest, or holds power or claim. Does a beneficiary disclaiming all interest in estate preclude them from the definition of a "party" entitled to notice of closure? There is no trust, intestate property, nonprobate asset, or community property. Simple estate.

--

Ryan Castle (he/him)
Castle Law Firm, PLLC
Managing Attorney
T: 360-685-4260
F: 360-524-6838
1313 E. Maple St., Suite 213
Bellingham, WA 98225
https://ryancastlelawfirm.com/


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