[WSBARP] Quiet Title Action Against Deceased (Unprobated Estate)

[David Faber]

Real Property List,

A client wants to file a quiet title action against a neighboring parcel.
The problem is that the owner of record is a deceased individual. We know
of at least one heir at law (a son, who appears to be paying the property
taxes on the parcel), but do not have sufficient information about who the
other heirs of the deceased might be, or whether the deceased has a valid
will (though no probate appears to have ever been filed).

Questions:

(1) Who do I need to name as the Defendant? The deceased? The son? Both?

(2) How do I plead against the defendant party or parties? We are only
acting on information that the owner of record is deceased, though that
information is pretty solid. Would it be sufficient to say "Defendant
[NAME] is the owner of record of [PARCEL], and on information is believed
Deceased"? Then plead against the known heir at law as another Defendant?

Thank you.

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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