[WSBAPT] WA collision, Florida resident, Florida PR of Estate

Thu Apr 4 16:32:18 PDT 2019

Take note that in Florida there is Formal Administration and Summary
Administration. Formal Administration is a slam dunk for you, since in order
for Letters of Administration to be issued, the PR has to file an "Oath Of
Personal Representative and Designation And Acceptance Of Resident Agent" to
accept Service of Process. The PR is typically the attorney for the estate.
It will tell you who you serve. If it is a Summary Administration, no PR is
appointed. 

You may want to consider filing a "Caveat" right away in Florida (Florida
Statutes Section 731.10) if an estate has not been filed. By filing the
Caveat, since it would then require that the Creditor filing the caveat be
notified if an estate is opened up whether Formal or Summary. Caveats expire
after 2 years (same as creditor claim period).

Take note that If the "Caveator" is a nonresident and is not represented by
an attorney admitted to practice in Florida who has signed the caveat, the
Caveator must designate some person residing in the county in which the
caveat is filed as the agent of the Caveator, upon whom service may be made;
however, if the Caveator is represented by an attorney admitted to practice
in Florida who has signed the caveat, it is not necessary to designate a
resident agent.

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Dalynne Singleton
Sent: Thursday, April 4, 2019 1:00 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] WA collision, Florida resident, Florida PR of Estate

I have a situation where there is a motor vehicle collision in WA with a
Florida resident.  The injured party needs to file tort litigation and serve
out of state resident.  She moved back to Florida and subsequently died
before filing the tort.  We anticipate her estate will be opened and a PR
appointed in Florida.  I did some research but am not finding confirmation
that the following can occur:

1.	If her estate is opened in Florida and there is a PR appointed in
Florida estate, the PR of the Florida estate can be personally served
pursuant to RCW 4.28.185.  Personal service out of state because submits
person. and his or her personal representative, to the jurisdiction of the
courts of this state (WA).
2.	If her estate is not opened in Florida, I can open WA probate,
appoint a PR in WA and serve WA PR pursuant to RCW 11.96A.040.

The tort litigation will name the proper PR, whether Florida or WA PR, as
the defendant before service.  If the Florida PR attempts to avoid service,
I would argue that the WA Sec of State could be served under the
non-resident motorist statute RCW 46.64.040 but am waiting to hear from the
SOS on that issue.

If someone has undertaken these scenarios, please confirm for me.  Thanks.

Dalynne Singleton

Gourley Law Group

Snohomish Escrow

The Exchange Connection

1002 10th Street / PO Box 1091

Snohomish, WA 98291

360.568.5065

360.329.4079

360.568.8092  fax

dalynne at glgmail.com <mailto:dalynne at glgmail.com> 

LICENSED IN WASHINGTON AND OREGON

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