[WSBAPT] getting an ex appointed PR

[Eric Nelsen]

I would suggest waiting the 40 days rather than contacting creditors. In 20+ years I have only seen one or two occasions where a creditor sought appointment of a PR, and even then it was always well after the 40 days had run and there were other factors pushing the creditor to act.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
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 Sharon Rutberg
Sent: Monday, May 4, 2020 11:39 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] getting an ex appointed PR

Good morning, everyone  - I would love input on the following:

Decedent died intestate. Under RCW 11.28.120, the only family member in line to serve as PR is her daughter, who is of majority age but rather young. Decedent's ex-husband, father of the daughter, is willing to serve and seems to be capable, and the daughter would prefer he serve. Daughter was decedent's agent under her DPOA. Per the statute, it appears we would need to get waivers from any known "principal creditors of the estate" in order to ask the court to appoint the ex-husband as PR. Are creditors generally willing to provide this waiver?   It also appears we could just wait 40 days before petitioning.  Is this the easiest course?

Thanks so much -
Sharon

Sharon C. Rutberg, Attorney at Law
Salmon Bay Law Group, PLLC
1734 NW Market St.
Seattle, WA 98107
206-735-3177, ext. 2
sharon at salmonbaylaw.com<mailto:sharon at salmonbaylaw.com>
Website: www.salmonbaylaw.com<http://www.salmonbaylaw.com/>
Washington State Bar #47055

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