[WSBAPT] Notice to surviving spouse before appointment of PR

[Jon Fritzler]

I want to confirm if my understanding of when notice to a surviving spouse is required before the appointment of a personal representative.

RCW 11.28.030 says that if a surviving spouse does not apply to administer the community property within 40 days of the death of the deceased spouse he or she shall be deemed to have waived his or her right to administer the CP and if any person applies for letters testamentary on such community property after 40 days the court can appoint them without notice to the surviving spouse.

My reading of 11.28.030 is that if more than 40 days has passed since the date of death and someone other than the surviving spouse is applying for letters testamentary in a testate estate, no notice to the surviving spouse is required.

RCW 11.28.131 says that when a petition for general letters of administration or for letters of administration with the will annexed shall be filed by a person other than the surviving spouse, or any person designated by surviving spouse to serve on his or her behalf, that the surviving spouse must be given notice at least ten days before the hearing, unless the surviving spouse waives notice of the hearing in writing.

My reading of 11.28.131 is that if someone other than the surviving spouse is applying for letters of administration in an intestate estate than notice to the surviving spouse (absent a designation or waiver from the surviving spouse) is required regardless of whether 40 days have elapsed since the date of death.

Is that how others read these two statutes?

Sincerely,
Jon M. Fritzler
Attorney at Law
PO Box 61451
Vancouver, WA 98666
Tel. 360.818.4431
E-mail fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

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