[WSBAPT] Change of PR

Tue Apr 28 09:15:40 PDT 2020

Tom –

            The probate does not have to be started from scratch.  Everything done by the former PR (and the deadlines) will apply for the successor, notices, creditor claims proceedings, etc.  It is just a petition and order discharging the former PR and appointing a successor PR.  The court may need to address bond, plus a registered agent for the out of state PR (usually in-state counsel serves that role)

            That said, there are a couple of steps to pay attention to:

RCW 11.28.237
Notice of appointment as personal representative, pendency of probate—Proof by affidavit.
(1) Within twenty days after appointment, the personal representative of the estate of a decedent shall cause written notice of his or her appointment and the pendency of said probate proceedings, to be served personally or by mail to each heir, legatee and devisee of the estate and each beneficiary or transferee of a nonprobate asset of the decedent whose names and addresses are known to him or her, and proof of such mailing or service shall be made by affidavit and filed in the cause. If a trust is a legatee or devisee of the estate or a beneficiary or transferee of a nonprobate asset of the decedent, then notice to the trustee is sufficient.

RCW 11.28.290
Accounting on death, resignation, or revocation of letters.
If any personal representative resign, or his or her letters be revoked, or he or she die, he or she or his or her representatives shall account for, pay, and deliver to his or her successor or to the surviving or remaining personal representatives, all money and property of every kind, and all rights, credits, deeds, evidences of debt, and papers of every kind, of the deceased, at such time and in such manner as the court shall order on final settlement with such personal representative or his or her legal representatives.

RCW 11.40.150
Notice to creditors when personal representative resigns, dies, or is removed—Limit tolled by vacancy.
(1) If a personal representative has given notice under RCW 11.40.020 and then resigns, dies, or is removed, the successor personal representative shall:
(a) Publish notice of the vacancy and succession for two successive weeks in the legal newspaper in which notice was published under RCW 11.40.020 if the vacancy occurred within twenty-four months after the decedent's date of death; and
(b) Provide actual notice of the vacancy and succession to a creditor if: (i) The creditor filed a claim and the claim had not been accepted or rejected by the prior personal representative; or (ii) the creditor's claim was rejected and the vacancy occurred within thirty days after rejection of the claim.
(2) The time between the resignation, death, or removal and first publication of the vacancy and succession or, in the case of actual notice, the mailing of the notice of vacancy and succession must be added to the time within which a claim must be presented or a suit on a rejected claim must be filed. This section does not extend the twenty-four month self-executing bar under RCW 11.40.051.

I think that is all of it.  Counsel for the successor PR will want to review what the former PR did to be sure all the statutory requirements have been followed.

Regards,

Mark

Mark C. Vohr, Esq.
Ohana Fiduciary Corp.
Ohana Financial Services
A Washington Trust Company
Mark C. Vohr, J.D., CPG, Principal
PO Box 33710  Seattle, WA  98133
T:  (206) 782-1189 F:  (206) 782-1434
mcv at ohanafc.com      www.ohanafc.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Thomas Fiscus
Sent: Tuesday, April 28, 2020 8:53 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Change of PR

Hi Listmates:

Out of state PR believes she can no longer serve for health reasons and wants to turn duties over to her son in law (also out of state).  Surviving spouse (in WA) does not object.  Does this require an entirely new appointment process?  I assume an oath from new PR and Notice to the surviving spouse, but new Letters Testamentary? New Notice to heirs?  Is there a simple way?

Thanks
Tom

Law Office of Thomas J. Fiscus
Box 1167
Eastsound, WA 98245
Ph 360-376-3988
WSBA # 44741

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