| Passed by the House February 16, 2004 Yeas 95 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate March 11, 2004 Yeas 49 BRAD OWEN ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2904 as passed by the House of Representatives and the Senate on the dates hereon set forth. RICHARD NAFZIGER ________________________________________ Chief Clerk | |
| Approved March 26, 2004. GARY F. LOCKE ________________________________________ Governor of the State of Washington | March 26, 2004 - 4:52 p.m. Secretary of State State of Washington |
| State of Washington | 58th Legislature | 2004 Regular Session |
READ FIRST TIME 02/06/04.
AN ACT Relating to estate adjudication for the department of social and health services; and amending RCW 11.28.330 and 11.28.340.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 11.28.330 and 1974 ex.s. c 117 s 31 are each amended
to read as follows:
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((, cause written
notice of said)) personally serve or mail a true copy of the
adjudication ((to be mailed)) to each heir, legatee, and devisee of the
decedent, which ((notice)) copy shall contain the name of the
decedent's estate and the probate cause number, and shall:
(1) State the name and address of the applicant;
(2) State that on the . . . . day of . . . . . . , ((19. . .)) . .
. ., 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
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.
Sec. 2 RCW 11.28.340 and 1988 c 29 s 1 are each amended to read
as follows:
Unless, within four months after the entry of the order
adjudicating testacy or intestacy and heirship, and the mailing or
service of the notice required in RCW 11.28.330 any heir, legatee or
devisee of the decedent shall offer a later will for probate or contest
an adjudication of testacy in the manner provided in this title for
will contests, or offer a will of the decedent for probate following an
adjudication of intestacy and heirship, or contesting the determination
of heirship, an order adjudicating testacy or intestacy and heirship
without appointing a personal representative to administer a decedent's
estate shall, as to those persons by whom notice was waived or to whom
said notice was mailed or on whom served, be deemed the equivalent of
the entry of a final decree of distribution in accordance with the
provisions of chapter 11.76 RCW for the purpose of:
(1) Establishing the decedent's will as his last will and testament
and persons entitled to receive his estate thereunder; or
(2) Establishing the fact that the decedent died intestate, and
those persons entitled to receive his estate as his heirs at law.
The right of an heir, legatee, or devisee to receive the assets of
a decedent shall, to the extent otherwise provided by this title, be
subject to the prior rights of the decedent's creditors and of any
persons entitled to a homestead award or award in lieu of homestead or
family allowance, and nothing contained in this section shall be deemed
to alter or diminish such prior rights, or to prohibit any person for
good cause shown, from obtaining the appointment of a personal
representative to administer the estate of the decedent after the entry
of an order adjudicating testacy or intestacy and heirship. However,
if the petition for letters testamentary or of administration shall be
filed more than four months after the date of the adjudication of
testacy or of intestacy and heirship, the issuance of such letters
shall not affect the finality of said adjudications.
Four months after providing all notices as required in RCW
11.28.330, any person paying, delivering, transferring, or issuing
property to the person entitled thereto under an adjudication of
testacy or intestacy and heirship that is deemed the equivalent of a
final decree of distribution as set forth in this section is discharged
and released to the same extent as if such person has dealt with a
personal representative of the decedent.