[WSBARP] Can An Heir Be Forced To Accept A P.R. Deed From An Non-Intervention Estate Over The Heir's Objection?

[Eric Nelsen]

I agree, can't compel acceptance of a deed. If it were personal property I'd call it abandoned/unclaimed property, but that doesn't work for real estate.

In the absence of a probate, real estate vests automatically in intestate heirs under RCW 11.04.250<http://app.leg.wa.gov/RCW/default.aspx?cite=11.04.250>. With the probate, the PR has a duty to distribute in some fashion. So even though it's not required for a PR with NPs, the PR could request a Decree of Distribution that would vest the real estate. Setting a hearing on that would allow the heir to appear and object to receiving the property interest, and resolve the PR's duty to distribute in accordance with the law.

I am guessing there is more to the story, though. Does the heir want the property to go to someone else? Do they just not want the inheritance, do they want some different property, do they want cash?

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Rowley
Sent: Friday, December 18, 2015 7:57 AM
To: WSBA RPPT
Subject: [WSBARP] Can An Heir Be Forced To Accept A P.R. Deed From An Non-Intervention Estate Over The Heir's Objection?

Never had a situation before where an heir refused to accept issuance of a personal representative's deed for valuable real estate.  Off-the-cuff I don't think the heir can be forced to accept the deed, but there might be some case law out there to the contract.  Setting aside the obvious that the objecting heir would not sign the Reeta.

Thank you.


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