[WSBAPT] Decree of Distribution vs. Declaration of Completion of Probate

[Jeanne Dawes]

Dear Listmates:

I have had feedback from some attorneys who have indicated notice by publication is not required if a PR has nonintervention powers, and elects to close the estate using one of the two alternative decrees set out in RCW 11.68.100, (one without accounting, one with).  The publication requirement set out in RCW 11.76.040 (which is how RCW 11.68.100(2) specifies notice is to be given)

I've read two articles, which may be from the same source, one was the 10th Annual KCBC Probate CLE on closing probate, and one on the KCBC website about how to close probate - both of which indicated that if you have nonintervention powers and elect to close using one of the two petition methods in RCW 11.68.100, you must give 20-day notice by both mailing and publication (one-time publication at least 20 days prior to hearing).

On the other hand RCW 11.68.090(1) addressing the powers of PR with nonintervention powers, states ". . . a PR acting under nonintervention powers may exercise the powers granted to a PR under chapter 11.76 RCW [Settlement of Estates without nonintervention powers] but is not obligated to comply with the duties imposed on PRs by that chapter."   (I'm not sure whether this includes the duty to give notice.)

So, my question is - Must you give 20-day notice by publication when using one of the alternative decrees authorized in RCW 11.68.100, when your PR has been granted nonintervention powers?
Jeanne J. Dawes
Attorney at Law
Gore & Grewe, P.S.
103 E. Indiana Avenue, Suite A
Spokane, WA 99207-2317
Voice:  509-326-7500
Fax:      509-326-7503
jjdawes at goregrewe.com<mailto:jjdawes at goregrewe.com>

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