[WSBAPT] Probate Question RCW 11.28.120

[Tracie Wall]

Thank you Eric!  This is very helpful as it confirms my read of the statute.

Tracie

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Thursday, February 7, 2019 3:29 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate Question RCW 11.28.120

I hadn't noticed that before, but I agree, the statute puts persons with lower priority in a Catch-22 if they can't get waivers from those higher on the list. Basically, without waivers, you have to wait until the 40 days passes, at which point your own statutory priority also has expired. Really, though, most judges will prefer to appoint someone from the priority list even after the 40 days, if given an excuse to do so.

Subpart (7) of that statutes implies strongly that the Court wants to know, if you are applying within 40 days of date of death, that you are the person with highest priority who hasn't waived the right to serve. So if you're within the 40 days, I would either (A) get waivers from those with higher priority, or (B) petition but give notice to those with higher priority so they have a chance to object and their non-appearance could be taken as a waiver, or (C) wait and file on day 41 without notice to anyone.

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

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Tracie Wall
Sent: Thursday, February 07, 2019 2:03 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Probate Question RCW 11.28.120

Dear Colleagues:

As you know, RCW 11.28.120 sets out the priority of persons who can be appointed as an Administrator of deceased person's estate that dies intestate.

In this case there is no surviving spouse.  My question is whether the second next of kin (father of deceased) is required to wait 40 days to apply for Letters if he does not have a waiver from the first next of kin (child)?  It seems like if the second person having priority is required to wait 40 days then it is a race to the courthouse and he/she is not really given priority at all.

Any feedback would be greatly appreciated.


Tracie L. Wall | Attorney | CPA (Inactive) |VA Accredited
Licensed in Washington and Wisconsin

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(Formerly Law Office of Tracie Wall and Associates PLLC)
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