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

[HOWARD HERMAN]

CR 10

                                FORM OF PLEADINGS AND OTHER PAPERS

 

 

    (a)  Caption. Every pleading shall contain a caption setting forth the name of the court, the title of the

action, the file number if known to the person signing it, and an identification as to the nature of the

pleading or other paper.

        

    (1)  Names of Parties. In the complaint the title of the action shall include the names of all the parties,

but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate

indication of other parties.

 

    (2)  Unknown Names. When the plaintiff is ignorant of the name of the defendant, it shall be so stated in the

plaintiff's pleading, and such defendant may be designated in any pleading or proceeding by any name, and when the

defendant's  true name shall be discovered, the pleading or proceeding may be amended accordingly.

 

    (3)  Unknown Heirs. When the heirs of any deceased person are proper parties defendant to any action relating

to real property in this state, and when the names and residences of such heirs are unknown, such heirs may be

proceeded against under the name and title of the "unknown heirs" of the deceased. In any action brought to

determine any adverse claim, estate, lien, or interest in real property, or to quiet title to real property,

unknown parties shall be designated as "also all other persons or parties unknown claiming any right, title,

estate, lien, or interest in the real estate described in the complaint herein."

 

You basically sue the whole world.

 

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Tuesday, September 20, 2016 5:35 PM
To: wsbarp
Subject: [WSBARP] Quiet Title Action Against Deceased (Unprobated Estate)

 

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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