Affidavit Of Death And Heirship Decedent'S Name Indicate N A (Not: Fill & Download for Free

Note: Heirship is determined at the moment of a Decedent’s death. At that moment, either the Decedent has one or more heirs or has none. If there is an heir at a Decedent’s death, that heir must necessarily be living, otherwise, he or she could not be an heir. Once a person is determined to be an heir, that is, at a Decedent’s death, it is irrelevant whether or not that heir continues to live or dies. If they do continue to live, then they inherit their rightful share of the Decedent’s estate. If they die after the Decedent’s death, their inheritance from the Decedent falls into the now-deceased heir’s estate. Thus, the notion of a “living heir” is meaningless in terms of the Decedent and his or her estate.Here’s the relevant Washington statute:Descent and distribution of real and personal estate.So, in the instance where a Washington-resident Decedent dies intestate (without a Will), unmarried, without a registered domestic partner, with one surviving child, and with no deceased children with surviving children or lower issue of their own, the one surviving child is the Decedent’s sole heir. As the sole heir, the surviving child inherits the Decedent’s net estate, that is, the Decedent’s assets less the Decedent’s debts, taxes, and any administrative expenses.The procedure for this, however, remains to be determined. Washington law provides in certain cases, for example, no real property and the value of the estate is under $100,000, for this transfer to be able to be accomplished without a formal probate Court proceeding:Disposition of personal property, debts by affidavit, proof of death-Contents of affidavit-Procedure-Securities.Otherwise, at least in Washington, a formal probate Court proceeding will likely be required for the transfer of the Decedent’s net estate to the sole heir:Application for letters of administration or adjudication of intestacy and heirship.Richard Wills, retired probate attorney licensed in CA & WA

In Washington, here’s what I would suggest: Get a Personal Representative for your father’s estate appointed by the appropriate court in the county of your father’s residence at death. The PR (Executor if testate; Administrator if intestate) would then file an action against the family member, asking the court to order the family member to turn over all of your father’s property in his/her possession to the PR, as well as for damages. Here’s the relevant law:Liability of executor de son tort.May recover for embezzled or alienated property of decedent.Concealed or embezzled property-Proceedings for discovery.Richard Wills, retired probate attorney originally licensed in CA & WA