Navigating Probates and Apportionment of a Recovery in Wrongful Death & Survivorship Matters

Published by Washington State Association for Justice


The proper administration of a probate is one of the most commonly overlooked issues in wrongful death and survivorship claims. Mistakes in the probate can have dire consequences for the parties as well as a plaintiff's attorney. Learn some of the basics of probate administration and many of the pitfalls for counsel.

Wrongful death and survivorship claims often result in a global recovery for multiple plaintiffs. How those funds are apportioned will impact each of the plaintiffs and determine what funds are available to lien holders. Washington State has relatively robust statutes and case law regarding apportionment. However, the process apportionment is ripe with potential conflicts and ethical issues. Knowing this system and what role to take is critical for any attorney taking on wrongful death and survivorship cases.

In order to receive CLE credit, please make sure that you select "I am interested in applying for credit for this program." during the registration process. If you do not make this selection, you will not be included on the report sent to the WSBA.

Joshua L. Brothers
Joshua Brothers is a shareholder at the law firm of Brothers & Henderson, P.S. His practice focuses on litigation and settlement planning; the development, implementation and administration of special needs trusts and other types of trusts; estate...More
Donna Calf Robe
Donna Calf Robe is an associate attorney with Brothers & Henderson, P.S., where she has been practicing since 2005. Her practice focuses on probate, estate planning, and trusts, including special needs trusts. She frequently assists plaintiff's...More

Originally Published

July 25, 2019

Program Titles and Supporting Materials

This program contains the following components:

  • Navigating Probates and Apportionment of a Recovery in Wrongful Death & Survivorship Matters
  • Navigating Probates and Apportionment of a Recovery in Wrongful Death & Survivorship Matters - Paper
  • Navigating Probates and Apportionment of a Recovery in Wrongful Death & Survivorship Matters - Slide Deck

How To Attend

Join the self-paced program from your office, home, or hotel room using a computer and high speed internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like. Please note: Internet Explorer is no longer a supported browser. We recommend using Google Chrome, Mozilla Firefox or Safari for best results.

Technical Requirements

You may access this course on a computer or mobile device with high speed internet (iPhones require iOS 10 or higher). Recommended browsers are Google Chrome or Mozilla Firefox.


If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). If electing credit for this program, registrants in jurisdictions not listed below will receive a Certificate of Completion that may or may not meet credit requirements in other jurisdictions. Where applicable, credit will be only awarded to a paid registrant completing all the requirements of the program as determined by the selected accreditation authority.

Click on jurisdiction for specific details

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