[WSBAPT] Final Report and Petition to Close Intervention Probate

[G. Geoffrey Gibbs]

The commissioners in Snohomish County have generally taken the position that publication cannot be waived under the statute.   That position has been in place for many years.  You might take a look at the statute yourself but I too was caught up in that position and now simply comply. GGG

G. Geoffrey Gibbs | Anderson Hunter Law Firm
2707 Colby Avenue, Ste. 1001  Everett, WA  98201
PO Box 5397, Everett, WA  98206-5397
Phone: (425) 252-5161 | Fax: (425) 258-3345
Direct Phone Line:  425-303-3101
ggibbs at andersonhunterlaw.com<mailto:ggibbs at andersonhunterlaw.com>
 www.andersonhunterlaw.com<http://www.andersonhunterlaw.com/>
[Description: Description: AH Color Large-no-tag]
This email message may contain confidential and privileged information.  Any unauthorized use is prohibited.  If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Tuesday, August 6, 2019 7:51 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Final Report and Petition to Close Intervention Probate

I have 2 probates in Snohomish County in which the Judge determined to reserve "solvency" and determined the estates were subject to court intervention.  The only claims in both estates were for personal injuries from one creditor and there was insurance to cover the claims.  I informed the Court of this in my Petition and claimed the estates were solvent because there was insurance to cover the only known claim - the Commissioner decided to reserve solvency.  The family of the decedents wanted nothing to do with the probate but WA statutes require an Administrator to be named in the tort litigation before insurance will come through and pay on claim.

The claims are now done and insurance company paid both.  Tort litigation has not been dismissed.

I filed a Final Report and Petition to be discharged, noted for hearing, provided all pleadings to all potential heirs and requested that the court waive publishing...  It was just me and the Judge at the hearing.
The Commissioner said NO and said to re-note after I published unless I could provide her with authority to waive publishing.

RCW 11.76.040<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D11.76.040&data=02%7C01%7Cggibbs%40andersonhunterlaw.com%7C0b0eb51fb1db49b9378a08d71a7da464%7Ccfd348433b124bd6850ebd6b59fd6f90%7C0%7C0%7C637006999255025635&sdata=ehL3vJ6f%2BqB%2FDTA8GL%2BeCfWrOd5u7r%2B7wjIeKwpGPb8%3D&reserved=0>
Time and place of hearing-Notice.
When such final report and petition for distribution, or either, has been filed, the court, or the clerk of the court, shall fix a day for hearing it which must be at least twenty days subsequent to the day of the publication as hereinafter provided. Notice of the time and place fixed for the hearing shall be given by the personal representative by publishing a notice thereof in a legal newspaper published in the county for one publication at least twenty days preceding the time fixed for the hearing. It shall state in substance that a final report and petition for distribution have, or either thereof has, been filed with the clerk of the court and that the court is asked to settle such report, distribute the property to the heirs or persons entitled thereto, and discharge the personal representative, and it shall give the time and place fixed for the hearing of such final report and petition and shall be signed by the personal representative or the clerk of the court.
Whenever a final report and petition for distribution, or either, shall have been filed in the estate of a decedent and a day fixed for the hearing of the same, the personal representative of such estate shall, not less than twenty days before the hearing, cause to be mailed a copy of the notice of the time and place fixed for hearing to each heir, legatee, devisee and distributee whose name and address are known to him or her, and proof of such mailing shall be made by affidavit and filed at or before the hearing.

Anyone have a sample Final Report Petition and Order obtained in which the Court waived publishing?  What about reserving "solvency" order - can I simply file a Declaration of Solvency showing the only creditor was covered by insured and paid and ask for an Order of Solvency and Non-Intervention Powers to close the Estate?

This seems like a total waste of time and money to require a hearing and publishing for an estate that was solvent all along.  More cost to the injured party who had to open the deceased defendant's estate to get insurance to pay the claims.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

LICENSED IN WASHINGTON AND OREGON
IMPORTANT/CONFIDENTIAL: This e-mail message (and any attachments accompanying it) may contain confidential information, including information protected by attorney-client privilege. The information is intended only for the use of the intended recipient(s).  Delivery of this message to anyone other than the intended recipient(s) is not intended to waive any privilege or otherwise detract from the confidentiality of the message.  If you are not the intended recipient, or if this message has been addressed to you in error, do not read, disclose, reproduce, distribute, disseminate or otherwise use this transmission, rather, please promptly notify the sender by reply e-mail, and then destroy all copies of the message and its attachments, if any.
[cid:image007.gif at 01D66403.7EDA3F00]<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.washingtonjustice.org%2F&data=02%7C01%7Cggibbs%40andersonhunterlaw.com%7C0b0eb51fb1db49b9378a08d71a7da464%7Ccfd348433b124bd6850ebd6b59fd6f90%7C0%7C0%7C637006999255035628&sdata=ZRUarWOcw%2Bcl8Pqvgauyhvor%2BxZHqmeE4aHVyC9nkM0%3D&reserved=0>  [Rated by Super Lawyers] <https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.superlawyers.com%2Fredir%3Fr%3Dhttp%3A%2F%2Fwww.superlawyers.com%2Fwashington%2Flawyer%2FGary-Manca%2Fca059d21-1b6e-4fca-b396-80c253f82402.html%26c%3Demail_Small_badge%26i%3Dca059d21-1b6e-4fca-b396-80c253f82402&data=02%7C01%7Cggibbs%40andersonhunterlaw.com%7C0b0eb51fb1db49b9378a08d71a7da464%7Ccfd348433b124bd6850ebd6b59fd6f90%7C0%7C0%7C637006999255035628&sdata=1UO2ZnBEkxQEG3BGEsTmAYqR%2ByYUq0B%2BuvyPeiXtNbE%3D&reserved=0>     [cid:image009.png at 01D66403.7EDA3F00]


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200727/fe8080ac/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.gif
Type: image/gif
Size: 70 bytes
Desc: image005.gif
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200727/fe8080ac/image005.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 2242 bytes
Desc: image006.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200727/fe8080ac/image006.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.gif
Type: image/gif
Size: 4856 bytes
Desc: image007.gif
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200727/fe8080ac/image007.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.png
Type: image/png
Size: 1524 bytes
Desc: image008.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200727/fe8080ac/image008.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image009.png
Type: image/png
Size: 5410 bytes
Desc: image009.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20200727/fe8080ac/image009.png>