[WSBAPT] Final Report and Petition to Close Intervention Probate

Tue Aug 6 09:32:34 PDT 2019

I went through this issue on an estate in which Non-Intervention Powers
could not be granted. I found no authority for a waiver of publication and
this list did not yield such authority when I inquired some months ago. I
had to publish and send out notice to comply with the statute, regardless of
the futility of same. L

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Tuesday, August 06, 2019 7:51 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Final Report and Petition to Close Intervention Probate

I have 2 probates in Snohomish County in which the Judge determined to
reserve "solvency" and determined the estates were subject to court
intervention.  The only claims in both estates were for personal injuries
from one creditor and there was insurance to cover the claims.  I informed
the Court of this in my Petition and claimed the estates were solvent
because there was insurance to cover the only known claim - the Commissioner
decided to reserve solvency.  The family of the decedents wanted nothing to
do with the probate but WA statutes require an Administrator to be named in
the tort litigation before insurance will come through and pay on claim.

The claims are now done and insurance company paid both.  Tort litigation
has not been dismissed.

I filed a Final Report and Petition to be discharged, noted for hearing,
provided all pleadings to all potential heirs and requested that the court
waive publishing.  It was just me and the Judge at the hearing.
The Commissioner said NO and said to re-note after I published unless I
could provide her with authority to waive publishing.

RCW  <http://app.leg.wa.gov/RCW/default.aspx?cite=11.76.040> 11.76.040
Time and place of hearing-Notice.
When such final report and petition for distribution, or either, has been
filed, the court, or the clerk of the court, shall fix a day for hearing it
which must be at least twenty days subsequent to the day of the publication
as hereinafter provided. Notice of the time and place fixed for the hearing
shall be given by the personal representative by publishing a notice thereof
in a legal newspaper published in the county for one publication at least
twenty days preceding the time fixed for the hearing. It shall state in
substance that a final report and petition for distribution have, or either
thereof has, been filed with the clerk of the court and that the court is
asked to settle such report, distribute the property to the heirs or persons
entitled thereto, and discharge the personal representative, and it shall
give the time and place fixed for the hearing of such final report and
petition and shall be signed by the personal representative or the clerk of
the court.
Whenever a final report and petition for distribution, or either, shall have
been filed in the estate of a decedent and a day fixed for the hearing of
the same, the personal representative of such estate shall, not less than
twenty days before the hearing, cause to be mailed a copy of the notice of
the time and place fixed for hearing to each heir, legatee, devisee and
distributee whose name and address are known to him or her, and proof of
such mailing shall be made by affidavit and filed at or before the hearing.

Anyone have a sample Final Report Petition and Order obtained in which the
Court waived publishing?  What about reserving "solvency" order - can I
simply file a Declaration of Solvency showing the only creditor was covered
by insured and paid and ask for an Order of Solvency and Non-Intervention
Powers to close the Estate?

This seems like a total waste of time and money to require a hearing and
publishing for an estate that was solvent all along.  More cost to the
injured party who had to open the deceased defendant's estate to get
insurance to pay the claims.

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

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