Can creditors waive their rights to an intestate succession?
Yes, creditors can waive their rights to an intestate succession under Washington law. In Washington, a creditor’s claim survives the death of a debtor and passes to the decedent’s estate. In such instances, the creditor is able to pursue collection remedies against the decedent’s estate, including exercising their right to intestate succession. But creditors can choose to waive their rights to an intestate succession. When a creditor waives their right to intestate succession, they’re essentially giving up the right to recover any unpaid funds from the decedent’s estate. This means that the unpaid funds will be distributed to the decedent’s heirs according to Washington state’s rules of intestate succession. Creditors can waive their rights to an intestate succession in Washington in one of two ways. First, they can do so through a written agreement with the decedent’s estate. In the agreement, the creditor must explicitly state that they’re waiving their right to intestate succession and that they’re not entitled to receive any funds from the estate. Second, creditors can waive their rights to intestate succession by filing a consent to heirship form with the probate court. This form must be signed by the creditor and notarized. Overall, creditors can waive their rights to an intestate succession in Washington, allowing their debts to die with the decedent and freeing their heirs from any outstanding debts.
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