[WSBAPT] king county procedure

Mike Winslow mike at winslegal.com
Fri Jun 21 14:30:38 PDT 2019


I am closing a probate where PR did not have non-intervention powers. How
often does that happen?
 
This matter is in King; Seattle branch.
We are filing a petition and presenting an order On Final Report; Approving
Administration; and discharging the PR.
We have to publish Notice in the legals per 11.76.040, so I don't want to
screw this up, nor do I want to make more than one trip to court to present
the order.
 
The way I read the ex-parte Motions and Hearings Manual and the Exparte
Master List, I must appear in person on the day of the hearing to present
the order (not ex-parte through the Clerk).  
The Master List says both Orders Approving Final Account and Decrees of
Distribution and Orders Approving Report require appearance of the
"parties". I assume the idea being that if someone wants to object, they
have to appear in person.
 
But, as I read the rules, the Petition On Final Report, Approving
Administration and Discharging PR is still heard in the Ex-Parte division of
the Probate Court by the Commissioner, not a judge, even though I have to
appear in person on the calendar.
 
So, We note this for a specific hearing date and time (to comply with the
advance notice rules pertaining to notice to the heirs-20 days), mail notice
to heirs and publish the hearing notice in the legals. 
 
Then, on the appointed date, we show up and present our order for signature,
assuming no one appears to object.
I practice in Skagit, Snohomish, Island and Whatcom, but we don't have
anywhere near the number of rules and traps for errors that King does.
If anyone sees something amiss or can confirm that I have this right, please
reply off list.
Thanks all for reading.
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
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