[WSBAPT] Notice of Appointment of Administrator for Intestate Estate Necessary?

Wed Jul 30 13:21:35 PDT 2014

In wrongful death case probates such as yours, I don't ask for NP (unless
I have a written consent from all requiring notice), obviating the need
for a noticed hearing.  I just get my Cl appt'd as PR, & if there's a
lurking wrongful death issue, of which I have had many & closed one just
this morning (the woman killed on the 520 bridge last year by the wrongway
drunk driver), I load up the Order with all kinds of authority for the PR
to bring tort actions.  I've had numbers of panic calls from PI attys
saying my Cl wants to bring a wrongful death suit, it must be brought by
the D's PR, & the SOL for filing the suit runs tomorrow --- can you get my
Cl appt'd promptly, so I can timely file suit.  Those are especially the
cases in which I don't want to have to give notice & just want to get the
PR appt'd, preferably yesterday if not sooner.

Somewhat irrelevant, but after 40 days after death, I believe that notice
is no longer required to be sent to any SS, & I don't do so.  This issue
was objected to by the SS when I later petitioned for NP, & at least in
that estate, Comm'r W ruled that notice to D's SS under the notice to SS
statute was no longer required after 40 days, as the SS by then had lost
the right to petition the Court to be appointed as either PR over the
entire estate or as PR over the CP despite D's having died with a Will
that named another as Exec'r.

On 7/30/2014 12:04 PM, Donna Calf Robe wrote:

Hello Dalynne,

You are required to give notice of the hearing when you are asking for
nonintervention powers, to all heirs per RCW 11.68.041

Donna

Donna M. Calf Robe

Attorney at Law

2722 Eastlake Avenue East, Ste 200

Seattle, WA 98102-3143

206-324-4300, ext. 113

206-324-3106 (fax)

 <mailto:donnac at dussaultlaw.com> donnac at dussaultlaw.com

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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Wednesday, July 30, 2014 11:55 AM
To: WSBA Probate Listserve
Subject: [WSBAPT] Notice of Appointment of Administrator for Intestate
Estate Necessary?

Minor child (6 years old) dies in a one car collision in which his mother
was driving.  Father wants to open estate for potential wrongful death /
survival claims.  More than 40 days since death have passed.  I was
contacted by attorney for father who is researching the wrongful
death/survival claims.  Since the mother might be a defendant, I have
agreed to serve as Administrator of the Estate.

I would like confirmation that no notice of hearing on appointment of
administrator of estate is required with these facts.  My reading of the
statute is that filing intestate probate, asking for appointment of
Administrator with non-intervention powers & no bond more than 40 days
since death… only notice would be to a surviving spouse not to any of the
other listed potential administrators.  

Agree?  I have had 2 commissioners in King County recently ask for a
hearing with notice when I send my documents in … no one shows up but me
and I get the Order signed.  Other commissioners sign off on my Order and
I get Letters issued with no problems.

Do most of you just note the hearing and send notice, show up and get
letters issued OR do what I have done, attempt to send the documents in
and have the court note the hearing if court thinks it should be done that
way?  Seems like no consistency…  Maybe it is me.

Dalynne Singleton

 <http://www.singletonjorgensen.com/>  

1521 SE Piperberry Way #103

Port Orchard, WA  98366

Licensed in Washington and Oregon

Phone: 360-329-4079

Fax:     360-443-1259

E-mail:  <mailto:dalynne at singletonjorgensen.com>
dalynne at singletonjorgensen.com

Web:     <http://www.singletonjorgensen.com/> www.singletonjorgensen.com

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