SENATE BILL NO. 6394



                                                                            C 225 L 90



State of Washington                               51st Legislature                              1990 Regular Session


By Senators Nelson, Talmadge and Newhouse



Read first time 1/12/90 and referred to Committee on  Law & Justice.



AN ACT Relating to escheat property and small estates; amending RCW 11.08.170 and 11.08.111; and adding a new section to chapter 11.08 RCW.




        Sec. 1.  Section 11.08.170, chapter 145, Laws of 1965 as amended by section 2, chapter 278, Laws of 1975 1st ex. sess. and RCW 11.08.170 are each amended to read as follows:

          Escheat property may be probated under the provisions of the probate laws of this state.  Whenever such probate proceedings are instituted, whether by special administration or otherwise, the petitioner shall promptly notify the department of revenue in writing thereof on forms furnished by the department of revenue to the county clerks.  Thereafter, the department of revenue shall be served with written notice at least twenty days prior to any hearing on proceedings involving the valuation or sale of property, on any petition for the allowance of fees, and on all interim reports, final accounts or petitions for the determination of heirship.  Like notice shall be given of the presentation of any claims to the court for allowance.  Failure to furnish such notice shall be deemed jurisdictional and any order of the court entered without such notice shall be void((:  PROVIDED, That)).  The department of revenue may waive the provisions of this section in its discretion.  The department shall be deemed to have waived its right to administer in such probate proceedings under RCW 11.28.120(3) unless application for appointment of the director or the director's designee is made within forty days immediately following receipt of notice of institution of proceedings.


        Sec. 2.  Section 11.08.111, chapter 145, Laws of 1965 as amended by section 1, chapter 76, Laws of 1973 1st ex. sess. and RCW 11.08.111 are each amended to read as follows:

          Prior to the expiration of the two-year period provided for in RCW 11.08.101, the superintendent may transfer such money or property in his possession, upon request and satisfactory proof submitted to him, to the following designated persons:

          (1) To the personal representative of the estate of such deceased inmate; or

          (2) To the ((next of kin of the decedent)) successor or successors defined in RCW 11.62.005, where such money and property does not exceed the ((value of one thousand dollars)) amount specified in RCW 6.13.030, and the ((person or persons requesting same)) successor or successors shall have furnished ((an affidavit as to his or her being next of kin)) proof of death and an affidavit made by said successor or successors meeting the requirements of RCW 11.62.010; or

          (3) In the case of money, to the person who may have deposited such money with the superintendent for the use of the decedent, where the sum involved does not exceed one thousand dollars; or

          (4) To the department  of social and health services, when there are moneys due and owing from such deceased person's estate for the cost of his care and maintenance at a state institution:  PROVIDED, That transfer of such money or property may be made to the person first qualifying under this section and such transfer shall exonerate the superintendent from further responsibility relative to such money or property:  AND PROVIDED FURTHER, That upon satisfactory showing the funeral expenses of such decedent are unpaid, the superintendent may pay up to  one thousand dollars from said deceased inmate's funds on said obligation.


          NEW SECTION.  Sec. 3.  A new section is added to chapter 11.08 RCW to read as follows:

          Escheat property may be transferred to the department of revenue under the provisions of RCW 11.62.005 through 11.62.020.  The department of revenue shall furnish proof of death and an affidavit made by the department which meets the requirements of RCW 11.62.010 to any person who is indebted to or has possession of any personal property belonging to the decedent or to the decedent and his or her surviving spouse as a community, which debt or personal property is an asset which is subject to probate.  Upon receipt of such proof of death and affidavit, the person shall pay the indebtedness or deliver the personal property, or as much of either as is claimed, to the department of revenue pursuant to RCW 11.62.010.

          The department of revenue shall file a copy of its affidavit made pursuant to chapter 11.62 RCW with the clerk of the court where any probate administration of the decedent has been commenced, or, if no probate administration has been commenced, then with the clerk of the court of any county provided by law as a place for probate administration of the estate of such person.  The affidavit shall be indexed under the name of the decedent in the probate index upon payment of a fee of two dollars.  Any claimant to escheated funds shall have seven years from the filing of the affidavit by the department of revenue within which to file the claim.  The claim shall be filed with the clerk of the court where the affidavit of the department of revenue was filed, and a copy served upon the department of revenue, together with twenty days notice of a hearing to be held thereon, and the provisions of RCW 11.08.250 through 11.08.280 shall apply.

                                                                                                                        Passed the Senate February 7, 1990.


                                                                                                                                       President of the Senate.


                                                                                                                           Passed the House March 2, 1990.


                                                                                                                                         Speaker of the House.