[WSBAPT] Declaring a person dead after missing more than 7 years to obtain court order

[Dalynne Singleton]

My firm has a situation where we have a client whose wife went missing many years ago and he needs a QCD removing her from the title to real property so he can sell it.  I found caselaw (Ireland v. Metro. Life Ins. Co., 184 Wash. 1, 4, 49 P.2d 469, 471 (1935)) and statute (RCW 11.05A.050(5)) which provides for a person who has been missing for 7 years to be declared legally dead.

I would appreciate receiving any petition and order obtained or reference to a probate estate cause number/county in which someone has been successful in this regard.

In Washington State, the process for declaring a missing person legally dead is governed by RCW 11.05A.050.
Legal Presumption of Death in Washington - A person may be presumed dead under the following conditions:
Seven-Year Rule:

  *   If an individual has been absent for a continuous period of seven years, during which they have not been heard from, and their absence is not satisfactorily explained after a diligent search or inquiry, they are presumed to be dead.
  *   The death is presumed to have occurred at the end of the seven-year period, unless there is sufficient evidence to suggest it occurred earlier.

Thank you.
Dalynne Singleton
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<mailto:dalynne at glgmail.com>  Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled virtually whenever possible.  If you would like to set a consultation, please call/email one my paralegals Valerie valerie at glgmail.com<mailto:valerie at glgmail.com>, Kelly kelly at glgmail.com<mailto:kelly at glgmail.com>, Erica erica at glgmail.com<mailto:erica at glgmail.com>, or Theresa theresa at glgmail.com<mailto:theresa at glgmail.com>.  Co-counsels at GLG are Attorney Spencer Clower with paralegal, Kristin Jacobs (spencer at glgmail.com<mailto:spencer at glgmail.com> kristin at glgmail.com<mailto:kristin at glgmail.com>) & Carrie Ulrich and Candace Wilkerson (carrie at glgmail.com<mailto:carrie at glgmail.com> candace at glgmail.com<mailto:candace at glgmail.com> ).

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