[WSBAPT] Publish Notice requirement / motion to close estate and distribute funds

Wed Jul 3 14:00:04 PDT 2019

I recently appeared before Commissioner Tinney after I filed Final Report and asked to be discharged as Administrator and asked that she waive the publishing requirement because I had an estate with 0 assets and 0 debt.  There was an insurance policy that covered the only claim - deceased defendant estate and only reason estate opened was for plaintiff personal injury tort litigation.  SHE SAID NO - publish and come back.  Ridiculous.  She said, there is no authority to waive publishing requirement - at least not for Snohomish County probates.  If anyone knows of any authority, I'd love to hear it.

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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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mike Winslow
Sent: Wednesday, July 03, 2019 1:53 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] motion to close estate and distribute funds

My research on this issue resulted in the conclusion that the Commissioner or Probate judge is likely to ask why you did not publish. I think absent an Acceptance of Service or Waiver of Notice from each heir at law and named beneficiary under the will that the requirement would be enforced.

Eric Nelsen will probably give you some detailed legal analysis about how publication is jurisdictional or some other fancy term, but that's beyond anything I want to go look up. :) (love your posts Eric!).

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

This message is from an attorney, so it's confidential. If you are not the intended recipient, it's too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Kristina Driessen
Sent: Wednesday, July 03, 2019 1:29 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] motion to close estate and distribute funds

HI All:

For a variety of reasons I am bring a motion to close an estate and distribute funds. My client is the PR.  I have done so a few time; but I have never published the hearing date as stated in RCW 11.76.040.

Any thoughts on this statue and if it is being strictly construed?

Kristina A. Driessen
"A" Street Legal Services, Inc. P.S
Attorneys at Law
16 A Street SE
Auburn, WA. 98002
(253) 939-0811
(253) 939-0471 fax
astreetlegalservices.com
kristina at rdattys.comcastbiz.net<mailto:kristina at rdattys.comcastbiz.net>

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