[WSBAPT] appraisal required?

Fri Aug 19 08:53:15 PDT 2016

I have always believed as Jill does that 11.69.090 trumps 11.56.010 in nonintervention probates, but it also seems to me that the reference to 11.100 below means that a NI PR must give the notice and otherwise comply with 11.100.140 if the sale is a “significant nonroutine transaction” as defined in that statute.

________________________________________
THOMAS M. CULBERTSON  I  Lukins & Annis, PS
717 W. Sprague Ave, Suite 1600, Spokane, WA 99201
(509) 455-9555  I  fax (509) 363-2500  I  tculbertson at lukins.com<mailto:tculbertson at lukins.com>

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jill H. Sasser
Sent: Thursday, August 18, 2016 4:51 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] appraisal required?

I think this is what you are looking for:

RCW 11.68.090
Powers of personal representative under nonintervention will—Scope—Relief from duties, restrictions, liabilities by will.
(1) Any personal representative acting under nonintervention powers may borrow money on the general credit of the estate and may mortgage, encumber, lease, sell, exchange, convey, and otherwise have the same powers, and be subject to the same limitations of liability, that a trustee has under chapters 11.98<http://app.leg.wa.gov/RCW/default.aspx?cite=11.98>, 11.100, and 11.102<http://app.leg.wa.gov/RCW/default.aspx?cite=11.102> RCW with regard to the assets of the estate, both real and personal, all without an order of court and without notice, approval, or confirmation, and in all other respects administer and settle the estate of the decedent without intervention of court. Except as otherwise specifically provided in this title or by order of court, a personal representative acting under nonintervention powers may exercise the powers granted to a personal representative under chapter 11.76<http://app.leg.wa.gov/RCW/default.aspx?cite=11.76> RCW but is not obligated to comply with the duties imposed on personal representatives by that chapter. A party to such a transaction and the party's successors in interest are entitled to have it conclusively presumed that the transaction is necessary for the administration of the decedent's estate.
(2) Except as otherwise provided in chapter 11.108<http://app.leg.wa.gov/RCW/default.aspx?cite=11.108> RCW or elsewhere in order to preserve a marital deduction from estate taxes, a testator may by a will relieve the personal representative from any or all of the duties, restrictions, and liabilities imposed: Under common law; by chapters 11.54<http://app.leg.wa.gov/RCW/default.aspx?cite=11.54>, 11.56, 11.100, 11.102, and 11.104A<http://app.leg.wa.gov/RCW/default.aspx?cite=11.104A> RCW; or by RCW 11.28.270<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28.270> and 11.28.280<http://app.leg.wa.gov/RCW/default.aspx?cite=11.28.280>, 11.68.095<http://app.leg.wa.gov/RCW/default.aspx?cite=11.68.095>, and 11.98.070<http://app.leg.wa.gov/RCW/default.aspx?cite=11.98.070>. In addition, a testator may likewise alter or deny any or all of the privileges and powers conferred by this title, and may add duties, restrictions, liabilities, privileges, or powers to those imposed or granted by this title. If any common law or any statute referenced earlier in this subsection is in conflict with a will, the will controls whether or not specific reference is made in the will to this section. However, notwithstanding the rest of this subsection, a personal representative may not be relieved of the duty to act in good faith and with honest judgment.

Jill H. Sasser | Attorney at Law
[cid:image001.gif at 01D1F9F7.08DFFB70]<http://www.landerholm.com>
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA  98666-1086
T:  360-816-2534 | T:  503-283-3393 | F:  360-816-2535
www.landerholm.com<https://protect-us.mimecast.com/s/lNV1B6tpl8sm>

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Thursday, August 18, 2016 4:41 PM
To: Probate and Trust Listserve
Subject: [WSBAPT] appraisal required?

RCW 11.56.010  appears to require that real estate within a probate can only be sold by court order.  The common practice is for non intervention PRs to sell without advance approval.  Is there a specific section that authorizes that in NI probates?  Do all real estate sales require a formal appraisal? Unless a court says not required?
“The court may order real or personal property sold, leased or mortgaged for the purposes hereinafter mentioned but no sale, lease or mortgage of any property of an estate shall be made except under an order of the court, unless otherwise provided by law.”

Roger Hawkes, WSBA 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>
206 367 5000 voice
206 367 4005  fax

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