[WSBAPT] Canadian Personal Representative

Gregory L. Gilday cole-gilday at stanwoodlaw.net
Fri Nov 20 09:47:20 PST 2015


Mark,

I would look at RCW 11.28.185, which states, "or when the personal 
representative is the surviving spouse or surviving domestic partner of 
the decedent and it appears to the court that the entire estate, after 
provision for expenses and claims of creditors, will be distributable to 
such spouse or surviving domestic partner, then such personal 
representative shall not be required to give bond or other security as a 
condition of appointment."

Assuming that everything is going to the spouse (you didn't say), I 
don't think a bond will be necessary.


Very Truly Yours,

Gregory L. Gilday

Law Office of Cole & Gilday, P.C.

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On 11/20/2015 8:31 AM, Mark Reinhardt wrote:
>
> Listmates,
>
> A Canadian resident dies owning real property in Washington.  Spouse, 
> also a Canadian resident, is nominated as Executor.  RCW 11.36 
> suggests only that a resident agent will need to be appointed for a 
> non-resident PR.
>
> The Canadian Will says nothing about waiving bond.  The concern, 
> therefore, is that that bond will be required for the PR under RCW 
> 11.36.010(6).
>
> Does anyone have a bonding company that will bond a Canadian resident 
> for a Washington probate?  Has anyone else has worked with a Canadian 
> (or non-U.S. resident) PR?
>
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