[WSBAPT] Small Estate Affidavit notice requirement

[Ann Manley]

Interesting! My read is that you only have to notify the person entitled to
the property under the will, not the people who would be entitled to the
property under intestacy. This is because 11.62.005(2)(a)(i) defines
successor as either the taker under the will *or* under intestacy laws, not
both.

Ann Manley, Esq.
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On Fri, Mar 6, 2026 at 5:25 PM Sara D. Longley <sara.longley at practus.com>
wrote:

> 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
>
>
>
>
> *Sara D. Longley*   <https://www.practus.com/vcard/Sara_Longley.vcf>
> Associate
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