[WSBAPT] TEDRA Petition
Richard Wills
richardwills at washington-probate.com
Thu Feb 12 12:32:34 PST 2015
*Here's the relevant part of 11.68.100:*
> CAPTION
>
> OF
>
> CASE NOTICE OF FILING OF
> DECLARATION OF COMPLETION
> OF PROBATE
> NOTICE IS GIVEN that the attached Declaration of Completion of
> Probate was filed by the undersigned in the above-entitled court on
> the . . . . day of . . . . . . , 19. . . ; unless you shall file a
> petition in the above-entitled court requesting the court to approve
> the reasonableness of the fees, or for an accounting, or both, and
> serve a copy thereof upon the personal representative or the personal
> representative's lawyer, within thirty days after the date of the
> filing, the amount of fees paid or to be paid will be deemed
> reasonable, the acts of the personal representative will be deemed
> approved, the personal representative will be automatically discharged
> without further order of the court, and the Declaration of Completion
> of Probate will be final and deemed the equivalent of a Decree of
> Distribution entered under chapter11.76
> <http://apps.leg.wa.gov/RCW/default.aspx?cite=11.76>RCW.
> If you file and serve a petition within the period specified, the
> undersigned will request the court to fix a time and place for the
> hearing of your petition, and you will be notified of the time and
> place thereof, by mail, or personal service, not less than ten days
> before the hearing on the petition.
> Dated this . . . . day of . . . . . . , 19. . .
> . . . . . . . . . . . .
> Personal Representative
>
*Consequently, you need to file the Petition & serve the PR's attorney
within the 30-day period. This is not TEDRA notice (ie, on all
interested parties), & remember that service by mail adds 3 days, so if
you're in the last days of the 30-day period, you'll likely need
personal service on the atty.** Lastly:
*
* *R**emember that the notice period begins on the date of filing the
Decl. of Completion, not when the notice was mailed or when your
client received it. I've won MSJs on that issue alone.*
* *You do not need to set a hearing on your Petition --- that will be
done by the PR's atty.*
On 2/12/2015 10:29 AM, Eric Nelsen wrote:
>
> I think you file a petition for accounting under RCW 11.68.110(2), but
> I think the petition needs to comply with TEDRA procedures so it
> amounts to the same thing. If you want additional relief beyond an
> accounting, I think it can all go in the same petition. So long as you
> demand an accounting, that triggers 11.68.110(2) and halts closure of
> the probate.
>
> Sincerely,
>
> Eric
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
> 1320 University St
>
> Seattle WA 98101-2837
>
> phone 206-625-0092
>
> fax 206-625-9040
>
> *From:*wsbapt-bounces at lists.wsbarppt.com
> [mailto:wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Jenna Brozik
> *Sent:* Thursday, February 12, 2015 9:52 AM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] TEDRA Petition
>
> Thanks for all your comments. She did get a 30 day notice to close
> the probate. I don't have time to negotiate with the estate
> attorney. The probate is set to close tomorrow. She just came in my
> office yesterday. I just want to stop it from closing so should
> I file the TEDRA petition or can I just file a petition for
> accounting and inventory to stop the closing of the probate?
>
>
> Jenna Brozik
>
> Attorney at Law
>
> Prinz & Brozik PLLC
>
> 445 S Grand Ave
>
> Pullman, WA 99163
>
> (509)338-0908 / (509) 338-3527 (fax)
>
> jennaprinzlaw at gmail.com <mailto:jennaprinzlaw at gmail.com>
>
> On Thu, Feb 12, 2015 at 9:39 AM, Jeanne Dawes <jjdawes at goregrewe.com
> <mailto:jjdawes at goregrewe.com>> wrote:
>
> You can request an accounting and an inventory. Court approved
> accountings can be expensive. First I would contact the attorney for
> the estate to see if they will provide an informal accounting. You
> can ask for bank statements and the like if you require back up proof
> of deposits and expenditures. If your client does not waive the
> Notice of Filing a Declaration of Completion of Probate, she will have
> 30 days to object to the closing of the estate after the Declaration
> is filed. If the estate is not yet closed, I would start by talking
> with the attorney to see what they can provide to satisfy your client
> that she has received her full distributive share. If there is a
> question as to what is separate and community property, you may have
> to use a TEDRA petition to have the court make the final
> determination. If the assets are all one or the other, that should
> not be an issue. 11.04 is pretty cut and dry. Formula approach.
> Unless there has been a petition for family allowance, or issue of
> community vs. separate property it should be easy to trace the assets
> to determine the net estate and how it is to be distributed.
>
> /Jeanne/
>
> */Jeanne J./**/Dawes/*
>
> Attorney at Law
>
> Gore & Grewe, P.S.
>
> 103 E. Indiana Avenue, Suite A
>
> Spokane, WA 99207-2317
>
> Voice: 509-326-7500 <tel:509-326-7500>
>
> Fax: 509-326-7503 <tel:509-326-7503>
>
> jjdawes at goregrewe.com <mailto:jjdawes at goregrewe.com>
>
> INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND
> CONFIDENTIAL.
>
> *From:*wsbapt-owner at lists.wsbarppt.com
> <mailto:wsbapt-owner at lists.wsbarppt.com>
> [mailto:wsbapt-owner at lists.wsbarppt.com
> <mailto:wsbapt-owner at lists.wsbarppt.com>] *On Behalf Of *Jenna Brozik
> *Sent:* Thursday, February 12, 2015 9:16 AM
> *To:* WSBA RPPT Probate & Trust Discussion Forum
> *Subject:* [WSBAPT] TEDRA Petition
>
> Hello list mates,
>
> I have a client who is an heir to her grandmother's estate. The
> grandmother did not have a will. The attorney for the estate is about
> to close the probate. My client believes she is entitled to more than
> what the personal representative has allotted to her. She did not
> accept the check sent to her by the personal representative which was
> what the estate decided was her share of her grandmother's estate. It
> is too late to contact the estate attorney to try to negotiate or
> request more information.
>
> I plan to file a TEDRA petition to stop the closing of the probate.
> Do I also need to set it for a hearing? Any suggestions as to the
> proper way to proceed would be greatly appreciated.
>
> Thanks,
>
> Jenna Brozik
>
> Attorney at Law
>
> Prinz & Brozik PLLC
>
> 445 S Grand Ave
>
> Pullman, WA 99163
>
> (509)338-0908 <tel:%28509%29338-0908> / (509) 338-3527
> <tel:%28509%29%20338-3527> (fax)
>
> jennaprinzlaw at gmail.com <mailto:jennaprinzlaw at gmail.com>
>
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