[WSBAPT] Snoh Co CR41(b)(2) closing of probate

[Eric Nelsen]

If Court of Appeals ever got this issue, I'm sure they would rule that the probate is not closed by a clerk's closure. Certainly it would not operate as a discharge of the PR.

That said, perhaps sometimes it's not a big deal for PR not to be discharged, because the possible liability is effectively nil. It's a balance of risks for the PR to decide after being fully informed, I think.

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

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Melinda Grout
Sent: Wednesday, May 17, 2017 10:45 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Snoh Co CR41(b)(2) closing of probate

Snohomish County Clerk sends Clerks Notice of Closure for Want of Prosecution routinely when no action filed in a probate for over a year.

Does  this effectively close the probate, even without a Declaration of Completion on the part of the PR?

Client PR finally sold the RE that was holding up closing probate, for no net gain, and has no further funds to pay to appropriately close the Nonintervention probate as we normally would.  I would suspect there are risks to not closing normally, but I would be happy for my client if she could just let it close automatically by the Court, by the clerk’s CMCWP action…

Thoughts?

Regards,

Melinda Grout
Law Office of Melinda K Grout, PS
17325 W. Main Street / P.O. Box 1360
Monroe, WA  98272
360-794-4322  / Fax: 425-744-6745

Emphasizing Estate Planning, Probate, and Elder Law
mkgroutlaw.com<http://mkgroutlaw.com>

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