[WSBAPT] Unknown heir coming into probate

Wed Sep 3 09:29:43 PDT 2025

Surprisingly, the name on the birth certificate isn't conclusive proof, and without additional evidence doesn't even necessarily raise a presumption of parentage. Congratulations, you have won a ramble through the Uniform Parentage Act! See Ch. 26.26A RCW<https://app.leg.wa.gov/RCW/default.aspx?cite=26.26A&full=true>. See RCW 26.26A.100<https://app.leg.wa.gov/RCW/default.aspx?cite=26.26A&full=true#26.26A.100> to start:

Establishment of parent-child relationship.
A parent-child relationship is established between an individual and a child if:
(1) The individual gives birth to the child, except as otherwise provided in RCW 26.26A.700<http://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.700> through 26.26A.785<http://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.785>;
(2) There is a presumption under RCW 26.26A.115<http://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.115> of the individual's parentage of the child, unless the presumption is overcome in a judicial proceeding or a valid denial of parentage is made under RCW 26.26A.200<http://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.200> through 26.26A.265<http://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.265>;
(3) The individual is adjudicated a parent of the child under RCW 26.26A.400<http://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.400> through 26.26A.515<http://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.515>;
(4) The individual adopts the child;
(5) The individual acknowledges parentage of the child under RCW 26.26A.200<http://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.200> through 26.26A.265<http://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.265>, unless the acknowledgment is rescinded under RCW 26.26A.235<http://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.235> or successfully challenged under RCW 26.26A.200<http://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.200> through 26.26A.265<http://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.265> or 26.26A.400<http://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.400> through 26.26A.515<http://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.515>;
(6) The individual's parentage of the child is established under RCW 26.26A.600<http://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.600> through 26.26A.635<http://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.635>; or
(7) The individual's parentage of the child is established under RCW 26.26A.705<http://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.705> through 26.26A.730<http://app.leg.wa.gov/RCW/default.aspx?cite=26.26A.730>.

For advising a PR, I have generally thought that an actual parentage action is not necessarily required; I would look at the available evidence and evaluate what the likely outcome would be with the Parentage Act as a guideline. The PR's duty is to ascertain who the heirs are, using the best available evidence; if the PR can't figure it out definitively, then providing notice and an opportunity to be heard to any disputants is (I think) the PR's duty.

Note-I don't know the requirements to get someone's name on a birth certificate as the father. If the birth certificate forms meet the requirements for a father's acknowledgment of parentage-see RCW 26.26A.200 et seq.-then I think that would be pretty definitive that the child is an heir.

So, I think a PR generally has four choices based on the evidence available, which differ mainly in who has the burden to start litigation to protect their rights: (1) take the position that the alleged child is NOT an heir, and force the child to litigate to prove parentage; (2) take the opposite position and force the other heirs to file a TEDRA to deny parentage (they can't use Parentage Act because they don't have standing under RCW 26.26A.405); (3) start either a TEDRA or a Parentage Act case directly (PR has standing under RCW 26.26A.405(7)); and advocate for one or the other result; (4) take no firm position but force everybody into mediation and find a settlement.

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: Wednesday, September 3, 2025 8:41 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Unknown heir coming into probate

All,

I have an intestate probate where two sisters survived dad, who passed away. They vaguely knew of another girl that claimed to be a daughter of dad with a different mom from 30+ years ago. This girl is known drug user and not very communicative. They don't believe she is a blood relative. We had no contact info for the girl but published notice to allow for her to come into the picture if she was legitimate. No word from her.

Now, we're months along in the probate and the two sisters have agreed to distributions of dad's estate. The unknown girl has now presented a birth certificate with dad's name on it, but that's it. She hasn't filed anything in the probate but is asking for money. What is the proper process to address this and is a birth certificate all the proof she needs to be determined to be an heir? Is the burden on her to file something in the probate or does PR have a duty to connect with her and determine legitimacy?

This is my first crack at this type of issue and looking for any helpful procedural tips to get started.

Thanks,

Timothy C. Lehr
Attorney & Partner

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