[WSBAPT] No Will Probate for Wrongful Death Settlement

[Kristen Anderson]

I would appreciate some experienced probate attorneys' help in this case.

Decedent was struck and killed on a highway. He was homeless and had virtually no assets. . Decedent was a resident of Snohomish County, so I am planning to file a petition for letters of administration there.

Mother hired an Oregon attorney to handle the wrongful death claim which resulted in a policy limits settlement of $25,000, plus funeral costs, attorney fees, and costs of probate. The insurer wants a probate estate into which it can distribute the policy proceeds, etc. Oregon attorney asked me to handle the probate. Mother died; sister is decedent's sole sibling. Decedent has one living adult daughter who has four children. Sister intends to distribute the insurance proceeds to the daughter. Daughter was last known to be living in a shelter.

Question 1: Do I need to file a probate or is there some application of TEDRA which I can discuss with the insurer in order to simplify the process?

Question 2: If I do need to file for letters of administration for sister, is there anything quirky about how Snohomish County handles these cases? I have only handled King County probates.

Thank you for any help!

Kristen Anderson

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