[WSBAPT] Releasing PR and appointing new one - proper forms and language

Fri Apr 22 14:37:06 PDT 2016

Also, a new PR that applies for appointment and who is not named in a will
usually has to post a bond, even if the will waived bond for those named.
You may get all interested parties to sign off on a waiver of bond for your
new PR, usually all the heirs is sufficient, but commissioner may consider
protection for creditors too.

The new letters issued will be "Letters of Administration with Will Annexed"

Tara M. Roberts

Puget Sound Law pllc

roberts at pugetsoundlaw.com <mailto:roberts at pugetsoundlaw.com> 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Friday, April 22, 2016 2:24 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Releasing PR and appointing new one - proper forms and
language

See RCW 11.28.290
<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28&full=true#11.28.290>  to
start--a PR who resigns must account to the successor. It can be done
privately and informally, outside the court, but an initial duty of the
successor PR is to receive the accounting from the resigning PR and ensure
that the resigning PR has turned over all assets, etc. Often this merely
amounts to turning over some papers and maybe helping change over the estate
bank account.

Once the resigning PR has fully accounted to her/his successor, the court
should "discharge" her/him. The initial resignation should be "accepted" by
the court and the new PR appointed, but the old PR isn't "discharged" until
the Court is certain that all duties up to that point have been met.

You do need a new petition, order, and oath for the new PR, just like at the
beginning, with appropriate changes to reflect acceptance of resignation of
old PR, and some instructions that old PR shall account to the new PR and
shall be discharged, say, "upon filing by the new PR of a Receipt
acknowledging receipt of a satisfactory accounting and possession and
control of all estate property formerly managed by the old PR." Or some such
like that. If something goes wrong, the new PR can always petition the court
for other relief.

New PR can get nonintervention powers also if available--see RCW 11.28.280
<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28&full=true#11.28.280> .

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 Steve Waltar
Sent: Friday, April 22, 2016 1:38 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Releasing PR and appointing new one - proper forms and
language

I have a case in which the existing PR listed in a Last Will and Testament
(probate already begun) wants to resign.  Also, the only other listed
alternate PR ants to decline.  

I have two questions:  /requests for help.

First, Do I need a new petition and order and oath to get a new
Administrative PR appointed?  If so, would anyone share pleadings with me?
I'm fine with the Declination by the alternate PR.

Second, what is the proper language to have when releasing the existing PR.
In other words, should there be language to "release" the existing PR from
fiduciary duties, give the courts blessing or hold harmless since fiduciary
duties are terminated, and of course to cancel the existing Letters
Testamentary?  

Stephen M. Waltar, PS

Estate Planning Law

1750 - 112th Avenue NE, Suite C245

Bellevue, WA  98004

(425) 455-6788

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