Probate—Administration of an Estate Under Absentee Statute

A bank was appointed guardian of N\u27s estate in 1941, N having been adjudged incompetent. In 1942, N disappeared, and was not heard from for over seven years. P, on behalf of N\u27s heirs, petitioned the probate court for appointment as administrator of N\u27s estate. The appointment was made, and the bank appealed. Held: Reversed. Where there is neither allegation nor evidence sufficient to give the probate court jurisdiction to determine that the missing man is dead, his heirs are relegated to the absentee statutes for provisional distribution. In re Nelson\u27s Estate, 37 Wn. 2d 397, 224 P. 2d 347 (1951)