[WSBAPT] Questions Regarding Insolvent Testate Probate

John Yip johntyip at gmail.com
Mon Dec 10 18:48:20 PST 2018


Hello,

Hypothetically, suppose I have a client who has an insolvent testate estate
that consists of a house as its sole asset.  The estate wishes to sell the
house now (so the usual "wait 2 years for statute of limitations to run"
advice does not apply here).  Problem is, nobody can act on behalf of the
estate (most notably in signing the deed) until someone is appointed
personal representative.

What's the quickest and most efficient way to have the PR named in the Will
be appointed as PR and be able to close on the house sale right away?  Can
I add language about selling the house in the Petition for the initial
hearing?  Do I need to give notice to known creditors of the initial
hearing where the PR will be appointed?

Also, it would be very helpful if someone could send me forms for starting
the probate of an insolvent testate estate.

Thanks.

John
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