[WSBAPT] Intestate Probates in King County

[Jeannie O'Brien]

Hello Brent and all,

I am very frustrated. And confused. I attended the elder law WSBA CLE last Friday, and learned from Commissioner Sarah Moen that since June 11, 2026, they have rejected 80% of the probates filed. It took 12 days for the court to deny my first intestate probate submitted. I haven't heard anything yet from the second intestate probate I submitted early last week. Are the commissioners enjoying this? All of the extra work for us and for them?

Both of these decedents were not survived by a spouse, all of their children survived, and the children were of both parents. The siblings in each declined to serve, and provided consent to the nominee. Easy peasy in the old days.

My question to Commissioner Moen was asked by the facilitator, and it was what do you need from a surviving child to prove that they know who all of their siblings are, and that they are the only children of the parents who were married to each other for 60 years? She said that they have to state how they know...

Are the other counties playing these reindeer games? Can we get a meeting with the commissioners? I'd like to ask them to specify why they are denying an order instead of the catchall "Petitioner's motion is missing additional information required in cases of intestacy after RCW 11.28.110 was amended."

Brent, I agree 1000% with you that the updates to RCW 11.28.110 created a cannon to kill a mosquito. I used to tell my King County PRs that we will have an order back within a week, usually sooner. Now I don't know what to say, other than "sorry, I don't handle probates where there isn't a valid Will."


Jeannie O'Brien, Attorney
www.SelanderOBrien.com<http://www.selanderobrien.com/>
3829C South Edmunds Street
Seattle, WA 98118
(206) 723-8200, x103
(206) 723-3829 fax
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