[WSBAPT] Appt of personal rep

[Eric Nelsen]

If there are debts of the decedent to be dealt with, that might be a reason. Even community property survivorship is still subject to decedent's debts. But otherwise, you are correct--a probate has to have some kind of property interest to deal with, or the court can refuse to probate.

In probate, a lower court's decision to decline or accept jurisdiction "is a matter resting largely in the discretion of the court." Murphy v. Murphy, 42 Wash. 142, 149, 84 P. 646 (1906). The court has discretion to refuse to commence administration when there appears to be no need for one. In re Peterson's Estate, 137 Wash. 137, 241 P. 964 (1926). Even after one has been commenced, the court may revoke the Administrator's Letters "for the sole purpose of ending an unnecessary administration." Murphy at 150. The decision to appoint or remove a PR in general rests in the discretion of the court, and will not be disturbed in the absence of a clear showing of abuse of discretion. In re St. Martin's Estate, 175 Wash. 285, 289, 27 P.2d 326 (1933).

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Ken Luce
Sent: Tuesday, March 21, 2017 10:12 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Appt of personal rep

Unusual situation, spouse dies, left a community property agreement, all property, separate and community covered, all assets went to surviving spouse. Child files for appointment as administrator and declaration of intestacy and heirship.

Q; does court have jurisdiction to appoint a personal representative when no property subject to probate or not distributed under the community property agreement exists? Only purpose is for what seems to be ulterior motivation.

K Luce
Tacoma, WA

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