[WSBAPT] TEDRA Petition

Thu Feb 12 13:17:55 PST 2015

I see what you're saying. I've read that language in RCW 11.68.110 many times but my eye skips over it because it's in the form of notice, rather than as an actual substantive provision. I do recall thinking about it in the past and finding it weird to have such specific directives in the form of notice, yet not have an operative provision that tells the PR it's her/his duty to actually complete an accounting and set a hearing.

It's tough to reconcile these pre-TEDRA references to a "petition" with the current implications of "petition" under the special judicial proceedings. But I agree with your interpretation; it's the way it was done before, and hopefully isn't challengeable now.

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 Richard Wills
Sent: Thursday, February 12, 2015 12:33 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] TEDRA Petition

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 chapter 11.76<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:

  *   Remember 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> [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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