[WSBAPT]Notice Agent (Trustee)

amanda_wilson at olypenlawoffices.com amanda_wilson at olypenlawoffices.com
Tue Jul 1 15:38:12 PDT 2014


Hello all~

 

I have the privilege of handling my first case where the Trustor of an RLT
has passed. I need to publish Notice to Creditors via a Notice Agent. My
question concerns the procedure with the Court for what should essentially
be a non-court procedure.

 

So, I am filing my Notice Agent's Declaration and Oath. I am NOT filing a
Petition to appoint a Notice Agent and asking for an Order appointing a
Notice Agent. My question is, am I right that I do not need an Order
appointing the Notice Agent (as you would for a PR)???

 

The statute says the Notice Agent is "a beneficiary or trustee who has
received or is entitled to receive by reason of the decedent's death
substantially all of the decedent's probate and nonprobate assets" and who
( 1) pays a filing fee to the clerk of the superior court in a county in
which probate may be commenced regarding the decedent, the "notice
county", and receives a cause number; and (2) files a declaration and oath
with the clerk and (3) the declaration and oath must be made in affidavit
form or under penalty of perjury and must state that the person making the
declaration believes in reasonable good faith that the person is qualified
under this chapter to act as the notice agent and that the person will
faithfully execute the duties of the notice agent as provided in this
chapter.

 

Thank you. I may be over-thinking this.

Amanda Wilson

 

 

Amanda M. Wilson, esq.

 

Olympic Peninsula Law Offices, LLC

219 W Patison St.

Port Hadlock, WA 98339

 

 

(360)437-4172 office

(206)331-7851 cell phone

 

"I've learned that people will forget what you said, people will forget
what you did, but people will never forget how you made them feel." ~ Maya
Angelou

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