[WSBAPT] probate petition where assets unclear

[Eric Nelsen]

Either (a) split the petition to get appointment without NPs and then apply for NPs later once the inventory is figured out better, or (b) give the specific information that the PR has at the moment, even if it ain't great.

If the PR is "certain" it's solvent, then the PR must know a considerable amount about the estate assets, even if exact amounts are uncertain. I'd suggest specifying what is known, with probable value ranges and probable debts/encumbrances, and state what is unknown, and maybe that will give the commissioner enough confidence to grant NPs.

If PR truly doesn't know enough to provide even estimated values, then PR can't possibly be certain that it's solvent, and I'd suggest going with (a).

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Melinda Grout
Sent: Monday, October 12, 2015 3:02 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] probate petition where assets unclear

Happy Monday.

Petition to open probate would normally recite:  Estate includes:   Real property $ X, Personal Property $ X.   

However PR does not yet know enough to provide even an estimate of value of estate (although PR is quite certain estate is solvent).   Therefore, a statement in the Petition, declared under penalty of perjury, that "Petitioner does not currently know the value of the probate estate, but believes, subject to further information, that assets including both real and personal property exceed liabilities" did not fly with the commissioner.  

How would one handle this instead?




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