[WSBAPT] Heir Dies Before Testate Distribution – with complications

[Eric Nelsen]

I think PR’s duty is to exercise reasonable diligence in determining who is to receive a distribution, and I personally think that the “exercise reasonable diligence” is the key to resolving most notice problems. I don’t think the PR has to know for sure; the PR just needs to use what knowledge they have, plus reasonable diligence in investigating, to figure out who is likely to be Arnold’s heirs.
It sounds like Arnold was unmarried and no known issue, so his sole heir at law would be his long-estranged mother. The PR has no knowledge of Arnold having a Will unless and until Alice shows up with one, and you can only act on available information, so I think it’s legitimate for the PR to assume intestacy until proven otherwise. So I think I’d send the mother the notice in her capacity as heir at law to Arnold. Even if Alice comes up with a Will, no harm in giving notice both to Arnold’s mother and to whomever is named in the Will. If they want to dispute validity of Arnold’s Will, that’s a great opportunity to interplead.
Re standing, I think that’s an advantage. Give notice to as many heir-candidates as possible, and if anyone shows up, challenge their standing because your PR can’t act until there is an adjudication as to Arnold’s heirs. That might compel somebody to start a probate for Arnold, and your distribution problems will be solved if a PR is appointed.
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 Mark Anderson
Sent: Tuesday, August 25, 2026 2:01 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Heir Dies Before Testate Distribution – with complications

Dear Brain Trust:
I'm looking for your ideas on how to approach a bit of a sticky probate.  I suppose you can skip to the questions if you are not interested in the sordid background of the matter.
Background: Donna died.  PR was appointed with nonintervention powers.  In her will, Decedent Donna left a portion of her Estate to heir Arnold.  Arnold interfered with PR’s administration of the Estate, resulting in increased expenses of the Estate, and otherwise causing a lot of headaches for the PR.  PR was ultimately ready to make final distributions, charge Arnold out of Arnold's distribution for the additional costs of administering the Estate and close the Estate.  Arnold was not yet aware of the PR's intent charge Arnold for the excess expenses of the Estate.
Before the PR could send out an accounting out to Arnold and the other heirs, Arnold died.  At the time of his death, Arnold lived in California.  Arnold was survived by a long-estranged mother and several half-siblings.  PR is unaware if any probate has been opened for Arnold.  Arnold may or may not have a will.  Arnold's aunt Alice, with whom Arnold lived in the several months prior to his death, has indicated to Arnold's former attorney that she has a will that Arnold executed while Arnold was in the hospital on his deathbed.  Arnold's former attorney asked Alice to send him a copy of that will.  That was several weeks ago.  Since then, Alice has not yet produced any such Will to Arnold's former attorney (or to anyone else to PR's knowledge).  PR does not trust Alice in that, in the event any such will is produced, it would have been signed by Arnold while under the influence of pain medications that would have rendered Arnold incompetent to sign.  PR also believes that any such Will would likely leave all of Arnold's estate to Alice.
PR still wants to close Donna's Estate and be done with all of it.  PR wants to petition the Court for approval of the accounting and distributions from Donna's Estate and then interplead Arnold's share of Donna's Estate.  Normally, notice of such a petition would be sent to all heirs of Donna's Estate.  However,…
Question #1: Because heir Arnold is dead, who does the PR give notice to instead?  Would publication be appropriate or necessary?  And where?
Question #2: Because the PR could have expected Arnold to challenge the charges against his distribution from Donna's Estate, who would have standing at this point to bring such a challenge?
Thanks in advance for weighing in on this one.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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