[WSBAPT] No Will Probate for Wrongful Death Settlement

Tue Mar 3 16:14:26 PST 2026

Kristin, I did not see any response so will give you my 2 cents.  First, in Washington you can file a probate in any County.  This decedent appears to have no assets so you choose what is convenient.  I prefer King county for its efiling and Snohomish for its zoom hearings but it is slow in ex parte orders and letters at this time.  Plus King county has an expedited filing if you pay an additional $30 which is very nice.  You indicate decedent was resident of Snohomish County but mother hired OR attorney for settlement of the WD claims.    Does that mean the death was in Oregon?  The insurer needs to write a check for settlement to the Estate.  You indicate the beneficiary of WD is one sibling but also say there is a living adult daughter.  In WA, WD beneficiaries would be spouse/children (RCW 4.20).  RCW 4.20.020
Wrongful death-Beneficiaries of action.  Every action under RCW 4.20.010 shall be for the benefit of the spouse, state registered domestic partner, child or children.  Intestate heirs would be daughter not sibling (RCW 11.04.015(2)(a) To the issue of the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or if of unequal degree, then those of more remote degree shall take by representation.)

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?
                The WD settlement monies are non-probate assets and should be allocated to the beneficiaries outside of probate.  This appears to be one adult child.  Estate has no assets but if it did, those would be inherited by daughter as well.
                There is no shortcut using TEDRA and the Estate needs to be opened for those WD monies and allocations since it is the administrator of the Estate will then take the WD monies and allocate as provided by statute.

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.
                There is nothing quick unless the daughter will provide consent to the sister to serve as Administrator so you do not need to note for hearing.  Then use the King County expedited ex parte process and get Order/Letters, usually same day.
                If no consent, you follow the notice for non-intervention powers statute on who to provide notice to and how much notice is required.  You will need to follow the WA statutes for mandatory tasks as well.
Dalynne Singleton
Dalynne Singleton
Gourley Law Group
Snohomish Escrow/The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>  Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Kristen Anderson
Sent: Tuesday, March 3, 2026 10:10 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] No Will Probate for Wrongful Death Settlement

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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