[WSBAPT] Administrator unable to obtain bond - has assets

[Eric Nelsen]

Darlynne--

If she has $5,000 cash she should be able to deposit that to the court registry in lieu of a $5,000 bond. I faintly recall doing paperwork for that once before in a probate but it was 20+ years ago when I was a paralegal and I don't see anything in my forms bank. For what it's worth, I think if you showed up at the court with the money to deposit and a one-page pleading saying something like "Please take notice that the PR has deposited $5,000 cash in the court registry in lieu of $5,000 bond," you might be able to get letters issued even without doing a motion. Maybe call the clerk to see if they'd accept the cash in lieu of bond?

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] On Behalf Of Dalynne Singleton
Sent: Friday, January 25, 2019 10:31 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Administrator unable to obtain bond - has assets

I have an administrator ordered to obtain a $5,000 bond before she can have her Letters.  She was unable to get bonded - she is not employed and has had some past credit issues.

There is so little in this estate but she wants to pursue...

I reviewed RCW 11.28.185:  The court may at any time after appointment of the personal representative require said personal representative to give a bond or additional bond, the same to be conditioned and to be approved as provided in this section; or the court may allow a reduction of the bond upon a proper showing.  In lieu of bond, the court may in its discretion, substitute other security or financial arrangements, such as provided under RCW 11.88.105<http://app.leg.wa.gov/RCW/default.aspx?cite=11.88.105>, or as the court may deem adequate to protect the assets of the estate.

She has $5,000 cash and I am making a motion to place those monies in my trust account - anyone approached the court in a similar fashion?  I have done my research and only found a couple of cases citing this RCW and they were both very odd guardianship situations over 50 years ago...


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>

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