[WSBAPT] Heirs at Law for LOPA

[Peter Harman]

Good morning

Washington Decedent died owning Washington real property as community
property with Spouse. Decedent is survived by Spouse, decedent's children
(all of whom are also children of Spouse), siblings, and parent.

The form for Lack of Probate Affidavit that I use, before identifying the
Heirs at Law, defines "Heirs at Law" as "“surviving spouse, children,
adopted children, issue of
predeceased child or adopted child, parents, brothers and sisters of the
decedent."

Under RCW 11.04.15(1), the heirs at law would include the spouse and
children, and would not include the decedent's surviving parent or
siblings, because the decedent was survived by issue.

Must the Lack of Probate Affidavit list the parent and siblings as heirs at
law?

Thanks in advance for your input.

Peter Harman, Esq.

Admitted in Oregon, Washington, & California

PO Box 322
Hood River, OR 97031
541-402-1138

www.peterharmanlaw.com

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