[WSBAPT] NIP, Heir/Beneficiary has disappeared, Plan for closing.

[Eric Nelsen]

I think this is the kind of judgment call that the client has to make for themselves, because the dilemma is between two legal alternative methods to close the estate which carry different levels of risk.

This is a straightforward “absentee distributee” situation under RCW 11.76.200, so you’ll need to identify a statutory agent to hold the absentee’s share. Following that process puts inherent time limits on any re-appearance by the absentee: 3 years in the agent’s hands, then 4 years and 90 days in the county treasurer’s hands, before escheating to the state if not claimed before then by the absentee or the heirs of the absentee.

The lowest-risk method is, as you say, to do a formal accounting and get court approval. On the other hand, the PR has NPs and PR liability is cut off upon discharge whether you do an accounting or a declaration of completion. RCW 11.96A.070(2). I think the PR should pick which one they want to do, based on assessment of greater risk if no formal accounting is done. How much greater? I dunno how to quantify that, which is why I think the client has to decide.

(I would also assess whether there is any actual potential issue with the accounting. If the accounting is really basic and clear, what is the beneficiary going to sue about even if they do show up later on?)

I recognize the concern is notice to the absent beneficiary. But I think you could just file a PR Declaration documenting the efforts to locate the beneficiary. That will preserve the record even if it doesn’t get a court order confirming due diligence. A PR’s duty to give notice is only to use reasonable diligence; it doesn’t require actual notice to all beneficiaries.

So long as the absentee distributee process is followed to preserve the absentee’s share, I think the PR’s duties are met and the absentee is bound by the discharge of the PR upon closing of the Estate.

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 Brent Williams-Ruth
Sent: Monday, June 29, 2026 9:26 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] NIP, Heir/Beneficiary has disappeared, Plan for closing.

List Members -

This is a twist on a prior post that I made and just looking for either confirmation of my plan or advice on how to do it better.

I have an estate in King County.  One of the two heirs who is a 50/50 of the residual has pulled away from his family entirely. No known forwarding address.  Engaged a search company that has had zero luck confirming a new location or contact. My executor is talking with the extended family and has called every number anyone has provided as a possible lead.

My question - how to close with the idea of giving the Executor the breathing room that he could not come forward years from now and claim problems for lack of notice.

Here is my thought.  Even though we have NIP, we should just set a hearing date far enough into the future and have a closing hearing.  Then get an order, supported by declarations from the search company and my Executor detailing their diligent efforts to find our beneficiary, allowing us to publish the final hearing for six weeks in the local legal newspaper.

Have the hearing, get the order closing, have the Court instruct as to what should be done with this beneficiaries share, and be done with it.

Is this being too conservative? I would love to just use the Declaration of Completion but if I have no idea where this beneficiary is located, I fear the ramifications if he decides to come out of the woodwork years from now.

Thank you!
Brent


Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

Mailing Address: PO BOX 3319; Federal Way, WA 98063

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For All Meetings & Scheduling: info at williams-ruthlaw.com<mailto:info at williams-ruthlaw.com>

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