[WSBAPT] declination to serve as PR in Philippines

[Krista MacLaren]

Hi Folks,

I have a client who is the first alternate PR on his step-mother’s will (after his father/her spouse who predeceased).  She died in the Philippines and has property there subject to probate (apparently).  The Washington will is the only will, and it is silent as to what countries it covers.  My client wants to decline to serve in the Philippines, because there is a nephew there who could handle things.  The will also names a couple additional alternate PRs who are here.  I was planning to prepare a “Declination to Serve” to be signed by my client and the two other living named PRs, notarized by one of the notaries recognized by the consulate (to avoid the need for apostilles), and then get the document authenticated by consulate as required (per the consulate website) to be recognized in the Philippines.  This all assumes that the Philippines will recognize the U.S. will.  

I was going to provide exhibits of proof for the deceased named PR and have all three living named PRs sign the document.  My client does not want to waive his right to serve in the event a U.S. probate were ever necessary, so I just stated that he is declining to serve as PR for proceedings in the Philippines but does not decline as to any proceedings necessary in the U.S.

Am I overlooking anything?  Does anyone have a form they are willing to share, or have any comments specifically about the Philippines?

Thank you,


Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle WA 98115
(206) 523-6116
kjm.inc at icloud.com <mailto:kjm.inc at icloud.com>

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Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle WA 98115
(206) 523-6116
kjm.inc at icloud.com

Please note, as with most email providers, Mac does not encrypt email messages. Accordingly, the confidentiality of messages sent to this address cannot be assured. This e-mail is intended for viewing only by the individual or entity to whom its content is addressed, and it may contain confidential or privileged information. If you received this email in error, please honor the privacy of the intended recipient: reply to the sender regarding the error and delete the message.


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