[WSBARP] RCW 70.58A.530

Tue Sep 15 10:20:16 PDT 2020

Doing a little digging I see that this comes from a 49 page act passed in 2019 concerning all vital records, and it is effective the first of next year, so we have a little time to learn what it’s all about. I see that a “legal representative” may obtain a death certificate, and that term is defined as an attorney representing the subject of the record (how is that applied in the case of a decedent?) or representing a “qualified applicant”, but I’m not finding a definition of that term.  I wonder if there are any clarifying WACs?

________________________________________
THOMAS M. CULBERTSON  I  Lukins & Annis, PS
717 W. Sprague Ave, Suite 1600, Spokane, WA 99201
(509) 455-9555  I  fax (509) 363-2500  I  tculbertson at lukins.com<mailto:tculbertson at lukins.com>

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Holland, Sean
Sent: Monday, September 14, 2020 2:03 PM
To: Stephen Whitehouse <swhite8893 at aol.com>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] RCW 70.58A.530

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Death certificates in their current form will be available only to the parties identified in Subsection (9) of RCW 70.58A.530.  Title companies will have access to short form death certificates under Subsection (10)(a).  Attorneys needing a short form certificate to represent a client should be able to obtain one pursuant to Subsection (10)(b).

(9) For a certification of death, the state or local registrar may release the certification only to:
(a) The decedent's spouse or domestic partner, child, parent, stepparent, stepchild, sibling, grandparent, great grandparent, grandchild, legal guardian immediately prior to death, legal representative, authorized representative, or next of kin as specified in RCW 11.28.120<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28.120>;
(b) A funeral director, the funeral establishment licensed pursuant to chapter 18.39<http://app.leg.wa.gov/RCW/default.aspx?cite=18.39> RCW, or the person having the right to control the disposition of the human remains under RCW 68.50.160<http://app.leg.wa.gov/RCW/default.aspx?cite=68.50.160> named on the death record, within twelve months of the date of death; or
(c) A government agency or court, if the certification will be used in the conduct of the agency's or court's official duties.
(10) The state or local registrar may issue a short form certification of death that does not display information relating to cause and manner of death to a qualified applicant. In addition to the qualified applicants listed in subsection (9) of this section, a qualified applicant for a short form certification of death includes:
(a) A title insurer or title insurance agent handling a transaction involving real property in which the decedent held some right, title, or interest; or
(b) A person that demonstrates that the certified copy is necessary for a determination related to the death or the protection of a personal or property right related to the death.

Sean Holland
VP | Underwriting Counsel
Washington & Montana
Fidelity National Title Group
701 Fifth Avenue, Suite 2700
Seattle, Washington 98104
Mobile:  206-308-6823
Sean.Holland at fnf.com<mailto:Sean.Holland at fnf.com>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Stephen Whitehouse
Sent: Monday, September 14, 2020 12:10 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] RCW 70.58A.530

IMPORTANT NOTICE - This message sourced from an external mail server outside of the Company.
Listmates, you might look at this. As of the first of the year we will no longer be able to get death certificates for quiet title actions, lien foreclosures, etc. You will have to go through
a title company which I am sure they will be thrilled about.

Steve
Stephen Whitehouse
Whitehouse & Nichols, LLP
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
360-426-5885
swhite8893 at aol.com<mailto:swhite8893 at aol.com>
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