[WSBAPT] Heirs at Law for LOPA

[Mark Anderson]

Inge put it more specifically than I did.  I agree with Inge.

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 Inge Fordham
Sent: Friday, January 30, 2026 9:55 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Heirs at Law for LOPA

I interpret the comprehensive list to mean anyone who could​ be an heir at law.  I prepare LOPAs with the actual​ heirs at law under RCW 11.04.15.  In this scenario, I would not include the decedent's surviving parent or siblings.



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Inge A. Fordham | Attorney

Fordham Law, PLLC

3218 Sixth Avenue | Tacoma, WA 98406

Office: (253) 348-2657 | Fax: (253) 276-0280

www.fordhamlegal.com<http://www.fordhamlegal.com>



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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> on behalf of Peter Harman <pete at peteharman.com<mailto:pete at peteharman.com>>
Date: Friday, January 30, 2026 at 9:24 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com> <wsbapt at lists.wsbarppt.com<mailto: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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