[WSBAPT] PR duties

[Amy Goertz]

Good morning list mates,

A probate was started in King County by an attorney who had a pending tort claim against the decedent. Letters of Administration were requested for the sole purpose of starting an estate so the pending tort claim could proceed. After probate was initiated, the tort complaint was amended to change the name of the defendant from the decedent to the estate.

Probate documents reflect that the only asset is the decedent’s insurance coverage. Notice to Creditors was not published. Notice of Pendency of Probate were not sent.

The decedent’s insurance company now wishes to substitute in a new PR.

Current PR wants to cover his bases before stepping down in order to ensure that he has no liability as PR and also so that the claim can proceed.

Are the probate notice requirements different when the only purpose for filing the probate is to enable pursuit of insurance funds? What steps must be taken to ensure the claim can proceed once this PR has stepped down?

Thanks in advance for your thoughts.


Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

1.888.926.2607 phone
1.877.684.1627 fax

Address for correspondence:
2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 

Additional office locations:
510 Bell Street
Edmonds, WA 98020

7418 East Helm Drive
Scottsdale, AZ 85260

Goertz & Lambrecht PLLC
Lambrecht Dispute Resolution LLC
www.goertzlambrecht.com <http://www.goertzlambrecht.com/>
www.lambrechtdisputeresolution.com <http://www.lambrechtdisputeresolution.com/>

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