[WSBAPT] Notice to surviving spouse before appointment of PR

Fri Nov 8 15:00:25 PST 2019

I agree with Dalynne. I always give notice to surviving spouse or have them
sign a waiver/ consent which also includes provisions asking the court to
appoint the petitioning PR and grant nonintervention powers and require no
bond where appropriate.

Setareh

On Fri, Nov 8, 2019 at 2:19 PM Dalynne Singleton <dalynne at glgmail.com>
wrote:

> No, the surviving spouse is always to be provided notice whether 40 days
> have passed or not and whether appt is by will or not.
>
> I have appeared in Kitsap, King, Snohomish and Pierce – all require the
> notice or a waiver/consent signed by the surviving spouse.
>
>
>
> *Dalynne Singleton*
>
>
>
> *Gourley Law Group*
>
> *Snohomish Escrow*
>
> *The Exchange Connection*
>
> 1002 10th Street Box 13
>
> PO Box 1091
>
> Snohomish, WA 98291
>
>
>
> 360.568.5065
>
> 360.329.4079
>
> 360.568.8092  fax
>
> *dalynne at glgmail.com <dalynne at glgmail.com>*
>
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Jon Fritzler
> *Sent:* Friday, November 8, 2019 1:25 PM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Notice to surviving spouse before appointment of PR
>
>
>
> 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
>
>
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-- 

*Best regards, *

*Setareh Mahmoodi *

*Attorney at Law *

*18222 104th Ave NE, Suite 103*

*Bothell, WA 98011*

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