Washington Agreement By Heirs to Substitute New Note for Note of Decedent

Category:
State:
Multi-State
Control #:
US-01112BG
Format:
Word; 
Rich Text
Instant download

Description

In this form, the heirs at law of an intestate estate are substituting their note for a note of the decedent. Intestate means that the decedent died without a valid will. The term heirs-at-law is used to refer to those who would inherit under the state statute of descent and distribution if the decedent dies intestate.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The ?Affidavit of Successor? may be used to claim a debt or personal property from any person or organization indebted to or having possession of any personal property belonging to a decedent. Please note this affidavit is only to be used to claim a debt or personal property.

Washington State law DOES NOT REQUIRE Probate. Probate is discretionary. Practically speaking only a small percent of deaths in Washington result in a Probate being filed.

The Affidavit Lack of Probate (or ?No Probate?) is a factual confirmation which supports that the rightful heirs are entitled to their interest in the property after the passing of the Decedent. It is recognized in many Washington Counties as a way to clear the Decedent's name off title as an alternative to a probate.

Letters testamentary are documents that a probate court delivers to the executor of the deceased's estate to enforce the terms of the deceased person's will. A court can issue letters testamentary only to persons who are chosen as an executor in a will.

The petition for letters testamentary or letters of administration will request that the court authorize the personal representative to administer the estate under Title 11 of the Revised Code of Washington (?RCW?).

Application for letters of administration, or, application for an adjudication of intestacy and heirship without the issuance of letters of administration shall be made by petition in writing, signed and verified by the applicant or his or her attorney, and filed with the court, which petition shall set forth the facts ...

Obtaining Letters Testamentary This is the document that you will show financial institutions and other parties who are holding the decedent's assets to prove that you are the court appointed representative of the estate.

One question we get is ?do the letters of testamentary expire?? Technically, no, they don't expire. It's not as if your executorship has ended and you need to renew it. Rather, letters are a certificate proving you are still the executor.

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Washington Agreement By Heirs to Substitute New Note for Note of Decedent