[WSBAPT] Notice of Vacancy and Succession

[Eric Nelsen]

  1.  Yes I think any succession requires it, if within 24 months of date of death.
  2.  Here's what I put together the first time I had to do this-called it a "Notice of Vacancy and Succession":

                PLEASE TAKE NOTICE: [oldPR] was removed as Personal Representative (PR) of the above-captioned Estate and [newPR] has been appointed and qualified to act as successor PR.
                Creditors who already have properly filed and served a claim do not need to file a new claim. Any other person having a claim against the decedent must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serving on or mailing to the successor PR or the successor PR's attorney at the address stated below a copy of the claim and filing the original of the claim with the court.
                Pursuant to RCW 11.40.150, the time between the date of resignation, death, or removal of the former PR and the date of first publication of this Notice (or, in the case of actual notice to a creditor, the mailing of this Notice to that creditor) is added to the time within which a claim must be presented or a suit on a rejected claim must be filed. However, this does not extend the twenty-four month self-executing bar under RCW 11.40.051.
DATE OF PUBLICATION OF NOTICE TO CREDITORS:            __________________
DATE OF REMOVAL OF FORMER PR:                                         __________________
DATE OF PUBLICATION OF THIS NOTICE:                                 __________________

[signatures of attorney and PR]

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
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Seattle WA 98144-3909
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eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Hillary Dawn
Sent: Thursday, December 10, 2020 3:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>; KCBA Real Property, Probate and Trust Law Discussion List <realpropertyprobatetrustlaw at lists.kcba.org>
Subject: [WSBAPT] Notice of Vacancy and Succession

Two questions:


  1.  If a PR resigns and another is appointed at the same time as successor (technically there is no vacancy), I still need to publish a notice under RCW 11.40.150, correct? We're still within the 24 month statutory period.
  2.  Anyone have a sample of such notice they would be willing to share?

Hillary L. Dawn
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