[WSBAPT] Unknown heirs in intestate probate

[Eric Nelsen]

I typically advise that the PR must exercise "due diligence" meaning follow up on any available clues as to location of the heir, and ask anybody they know of who might be in contact with the heir. But the efforts need only be "reasonable" and I judge that mainly by evaluating how much money the heir is likely to receive, and how much it would cost to take additional steps like hiring an investigator or an heir search company. If the heir is likely to get, say, $30,000, it seems like the Estate could spend a few hundred dollars attempting a skiptrace with an investigator. BUT that investigation could also happen after appointment, so the PR has access to estate funds to pay for it. Then once the heir is located, give them notice.

The other factor I think about is the likely consequence if the heir shows up later-what difficulty it might present for the estate. Usually that's not an issue because nothing the estate does is likely to prejudice the heir. So if we can't get a good address for an heir right away, I'd still file with "address unknown" and follow up afterward.

Keep in mind that heir search companies do monitor filings and they'll track down and approach missing heirs and ask for a cut in exchange for letting them know about a possible inheritance. If client wants to avoid that possibility, best to do more due diligence at the beginning so you don't have to identify an "address unknown" heir. If the heir is going to get a big chunk of money, then I think if at all possible, do an heir search or hire an investigator before opening probate to try to locate them, to avoid this issue.

Short of a big fancy-pants heir search company, I have had great success with Leslie Lawson doing the genealogical research to locate cousins.
https://lawsonresearch.net/

If the client doesn't want to advance money to do the research before appointment, then I'd recommend stating clearly in the petition that there may be cousins whose names and locations are unknown, and that the PR intends to retain an heir search company immediately after appointment, to determine living heirs at law.

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 Timothy Lehr
Sent: Tuesday, December 2, 2025 2:05 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Unknown heirs in intestate probate

All,

I have an estate where decedent was unmarried, no kids, parents predeceased him and no living siblings. He was a recluse and lived off the grid, however there are some assets in the estate. A cousin stepped in to act as Administrator. The cousin hadn't talked with the decedent for many years.

There are a number of cousins that were found that are potential heirs to the estate, but many potential others and the Administrator has no idea where they live, if they are still alive, or how to get in contact with them.

What's the best process or RCW to follow for due diligence on notifying these potential heirs and how do we approach final distributions if we can find everyone that may be an interested party?

Thanks,

Timothy C. Lehr
Attorney & Partner

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