[WSBAPT] Heirs at Law for LOPA

[Mark Anderson]

I am assuming that the form you're using is the one that the Department of Revenue published in 2017.  I'm not confident that you are required to use that form.

RCW 11.02.005 (9) defines heirs as “those persons, including the surviving spouse or surviving domestic partner, who are entitled under the statutes of intestate succession to the real and personal property of a decedent on the decedent's death intestate.. WAC 458-61A-202(2)(a) echoes this definition: "Heir" means a person, including the surviving spouse or surviving domestic partner, who is entitled under the statutes of intestate succession to the real and personal property of a decedent on the decedent's death intestate."  And so if, at the time of the decedent's death, a person is not entitled to the property of the decedent under the laws of intestacy, then that person is not an heir and thus not required to be listed on the Lack of Probate Affidavit.

I am handling an estate right now in which the decedent was not married, had no children, whose parents were dead, and whose siblings were all dead leaving no surviving children of their own.  The decedent did, however, have 10 aunts and uncles, some of whom were already dead but with living children.  As a result, my decedent had 30 heirs.  (Uff da.)    If I were to file a Lack of Probate Affidavit in my case, I would not be required to list any spouse, children, parents, or siblings as heirs.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Peter Harman
Sent: Friday, January 30, 2026 9:24 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Heirs at Law for LOPA

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<http://www.peterharmanlaw.com>

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