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

[Sarah McCarthy]

When the estate beneficiaries are provided a Final Receipt that states that
they have received their full distributive share of the estate, they waive
claims against the PR and against the estate, etc.... just include in that
document a waiver of notice of the filing of the Declaration of Completion,
and a waiver of right to request an accounting.
If all beneficiaries have waived notice, then you can just go ahead and
file the Declaration of Completion.  Otherwise, yes,  a Notice of Filing of
Declaration of Completion is needed.

Sarah

*Sarah O’Farrell McCarthy*


*(Pronouns: she / her)*Attorney | Kelly, Arndt & Walker, Attorneys at Law,
PLLP
6443 Harding Avenue | P.O. Box 290 | Clinton, WA  98236
Phone: (360) 341-1515 | Fax: (360) 341-3272
sarah at kawlawyers.com | www.kawlawyers.com


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On Mon, May 11, 2020 at 1:09 PM Jeanne Dawes <jjdawes at goregrewe.com> wrote:

> 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 10
> th 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* <jjdawes at goregrewe.com>
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