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

Fri Apr 22 16:57:10 PDT 2016

Hello:

Eric Nelson's reply is, as it most often is, thorough and thoughtful.

One pitfall in the present situation is that the two persons mentioned in the Will to serve were probably authorized to serve "without bond," per the provisions of the Will.

The person who is to serve as the Substitute PR has not been similarly trusted by the Testator/Testatrix, by name, in the Will.

So, it very well might be that the new PR will be required to obtain and file a Personal Representative's Bond.

My three (3) cents (higher rates on Fridays).

Regards,

Doug Bratt

Douglas J. Bratt
Lawyer

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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
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
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