[WSBARP] Probate ? of deceased living children

[Krista MacLaren]

Justin,

You need to give notice of the probate to anyone receiving something under the will, and anyone who would receive under the laws of intestacy had there been no will.  RCW 11.28.237.  This is because they need an opportunity to contest the will.  RCW 11.04.015 Descent and distribution allows you to figure out who the heirs at law would be, and you can stop at the first level of heirs, meaning if there is a surviving spouse and no children, then ss receives notice.  If there are also children, they all receive notice.  If there is no ss, and one living child and one deceased child with children, then you give notice to the living child, and the children of the deceased child.  If there are no ss, no children, but parents, then they would receive the notice, etc, all the way out as far as needed.  I had a testate estate where the will gave everything to one grand niece, but the deceased had 8 brothers and sisters, most of whom were dead, and they all had multiple children, many of whom were dead with multiple children, so I ended up having to give notice of the pendency of the probate to some 30 people, all who would receive nothing.  

When the estate is intestate, you do need to get waivers from people who are higher up the order of priority to serve as PR if 40 days have not past since date of death, and you need to give notice  to the same people as will receive notice of the pendency if you are applying for non-intervention powers, unless they sign declinations or join in the petition.

If there is a will naming the PR though and granting non-intervention powers, you don’t have to give notice to anyone that you are opening the probate, or applying for non-intervention powers, unless there is a surviving spouse who is not named as PR. I can’t find the RCW for this - I do find the organization of Title 11 incredibly random.

Krista

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle WA 98115
(206) 523-6116
kjm.inc at icloud.com

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> On Nov 14, 2018, at 11:37 AM, Justin Monro <justinm at monrolawfirm.com> wrote:
> 
> List mates: 
>  
> PR is my client.
>  
> Deceased died testate in Sno. Co. Deceased’s will gave 100% of residue of his estate to PR outright.
>  
> Deceased father has two adult children. Children would only receive residue of estate if PR is predeceased of deceased.
>  
> My question:
>  
> Do I need to give the two adult children notice of Probate filing? [If so can someone guide me to rule/law]
>  
> Will the court commissioner require a waiver from the two adult children for the PR to administer estate?
>  
> Thank you for any answers or thoughts.
>  
> Sincerely,
>  
>  
> Justin K. Monro
> Attorney at Law 
> The Monro Law Firm PS Inc.
> 1830 Bickford Ave. Ste 204
> Snohomish, WA 98290
>  
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