Washington Code 11.28.330 – Notice of adjudication of testacy or intestacy and heirship — Contents — Service or mailing
Current as of: 2023 | Check for updates
|
Other versions
If no personal representative is appointed to administer the estate of a decedent, the person obtaining the adjudication of testacy, or intestacy and heirship, within thirty days shall personally serve or mail a true copy of the adjudication to each heir, legatee, and devisee of the decedent, which copy shall contain the name of the decedent’s estate and the probate cause number, and shall:
Terms Used In Washington Code 11.28.330
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Decedent: A deceased person.
- Intestate: Dying without leaving a will.
- Legatee: A beneficiary of a decedent
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Personal representative: includes executor, administrator, special administrator, and conservator or limited conservator and special representative. See Washington Code 11.02.005
- Probate: Proving a will
- Testate: To die leaving a will.
(1) State the name and address of the applicant;
(2) State that on the . . . . day of . . . . . . , . . . ., the applicant obtained an order from the superior court of . . . . . . county, state of Washington, adjudicating that the decedent died intestate, or testate, whichever shall be the case;
(3) In the event the decedent died testate, enclose a copy of his or her will therewith, and state that the adjudication of testacy will become final and conclusive for all legal intents and purposes unless any heir, legatee, or devisee of the decedent shall contest said will within four months after the date the said will was adjudicated to be the last will and testament of the decedent;
(4) In the event that the decedent died intestate, set forth the names and addresses of the heirs of the decedent, their relationship to the decedent, the distributive shares of the estate of the decedent which they are entitled to receive, and that said adjudication of intestacy and heirship shall become final and conclusive for all legal intents and purposes, unless, within four months of the date of said adjudication of intestacy, a petition shall be filed seeking the admission of a will of the decedent for probate, or contesting the adjudication of heirship.
Notices provided for in this section may be served personally or sent by regular mail, and proof of such service or mailing shall be made by an affidavit filed in the cause;
(5) Mail a true copy of the adjudication, including the decedent’s social security number and the name and address of the applicant, to the state of Washington department of social and health services office of financial recovery.
NOTES:
Application, construction—Severability—Effective date—1974 ex.s. c 117: See RCW 11.02.080 and notes following.