[WSBAPT] Small Estate Affidavit notice requirement

[Sara D. Longley]

Hello listmates,

A client needs to claim their parent's small bank account using a Small Estate Affidavit.  They have a half-brother, but have not been in touch with him for at least 15 years and have no idea where he may be.  There is a Will, and the half-brother is explicitly disinherited.

I read RCW 11.62.005(2)(a)(i) to define "successor" as including all beneficiaries and intestate heirs, and 11.62.010(2)(h) as requiring written notice to all other successors.  I am curious to know if anyone would interpret the definition of "successor" as either the beneficiaries under the Will or the intestate heirs.

The language in question:

"Successor" and "successors" shall mean... That person or those persons who are entitled to the claimed property pursuant to the terms and provisions of the last will and testament of the decedent or by virtue of the laws of intestate succession contained in this title;...

Giving notice seems pointless in this case since the half-brother has zero chance of claiming any estate assets (I drafted the will, and the client was very firm on the decision to disinherit him).  On top of that, the expense of locating him may well exceed the value of the bank account.

Any thoughts?

Happy Friday!
Sara



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