[WSBAPT] FW: Successor PR - Publishing Notice of Vacancy & Succession in Probate

[Richard Wills]

*Heather --- OK, I'll bite:**
**
**11.40.150 says:*

> (1) If a personal representative has given notice under RCW11.40.020 
> <http://apps.leg.wa.gov/RCW/default.aspx?cite=11.40.020>and then 
> resigns, dies, or is removed, the successor personal representative shall:
>
>      (a) Publish notice of the vacancy and succession for two 
> successive weeks in the legal newspaper in which notice was published 
> under RCW11.40.020 
> <http://apps.leg.wa.gov/RCW/default.aspx?cite=11.40.020>if the vacancy 
> occurred within twenty-four months after the decedent's date of death; and

*So, isn't the issue whether the vacancy occurred within two years after 
D's death, which is not discernible from your Email?  Yes, your Email 
says that the PR died within  six weeks of the expiration of the 
four-month claims period**, which certainly suggests, but does not 
determine, that the vacancy occurred within two years of the D's 
death**.**  Maybe I'm being too literal?**  Shoot, for the $100 or so 
that it usually costs to publish a notice of vacancy, I just do it & put 
it behind me.*


On 11/25/2014 2:43 PM, Heather deVrieze wrote:
>
> Re-posting, in hopes of getting an answer (and/or form) from those of 
> you who frequently are or represent successor PRs.
>
> Heather
>
> *From:*wsbapt-bounces at lists.wsbarppt.com 
> [mailto:wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Heather deVrieze
> *Sent:* Monday, November 24, 2014 12:16 PM
> *To:* 'wsbapt at lists.wsbarppt.com'
> *Subject:* [WSBAPT] Publishing Notice of Vacancy & Succession in Probate
>
> I have dealt with the death or resignation of a Personal 
> Representative during the 4 month creditor claim period, and RCW 
> 11.40.150 seems to spell out clear directions for the successor 
> Personal Representative to publish notice in the same paper that the 
> original notice was published.
>
> In my instant case, the Personal Representative died six weeks after 
> the expiration of the 4 month claim period. A successor has now been 
> appointed. No creditor claims were filed. Is the notice described in 
> 11.40.150 nevertheless required?
>
> Heather
>
> Heather S. de Vrieze*
> */Attorney-at-Law/
>
> ////
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
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>
> heatherd at westseattlelaw.com <mailto:heatherd at westseattlelaw.com>
>
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>
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