[WSBAPT] PR Delegate Duties??

Katharine P. Bauer kpb at bpblegal.com
Tue Dec 22 12:43:35 PST 2015


I don't think they can delegate that authority...unless the Will states
they can (or references the trustee provisions)  They can delegate between
themselves as co-PRs, but not to a third person
RCW 11.28.040Procedure during minority or absence of executor.
If the executor be a minor or absent from the state, letters of
administration with the will annexed shall be granted, during the time of
such minority or absence, to some other person unless there be another
executor who shall accept the trust, in which case the estate shall be
administered by such other executor until the disqualification shall be
removed, when such minor, having arrived at full age, or such absentee,
having returned, shall be admitted as joint executor with the former,
provided a nonresident of this state may qualify as provided in RCW
11.36.010 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.36.010>.

On Tue, Dec 22, 2015 at 12:20 PM, Bickel, Dwight <Dwight.Bickel at fntg.com>
wrote:

> If both co-personal representatives must jointly act under the Will or
> probate order, plan to arrange for foreign acknowledgement and delivery.
>
> Title companies should accept and rely upon a delegation of fiduciary
> powers by one Co-PR to the other Co-PR for a conveyance on behalf of the
> estate by the one Co-PR. Otherwise, if the title company will not accept
> that delegation, usually it will accept the signature by one Co-PR with the
> approval of the other (that can be a scanned signature on a closing
> statement obtained in advance or sent by email).
>
> Dwight Bickel
> Phone: (206) 370-3189
> E-mail: Dwight.Bickel at fntg.com
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-- 
Katharine P. Bauer
Bauer Pitman Lifetime Legal, PLLC
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Olympia, Washington 98501
tel. 360.754.1976
fax. 360.943.4427

e-mail: kpb at bpblegal.com

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