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

Mon May 11 15:27:49 PDT 2020

There is no requirement to publish notice in non-intervention estates.  The publishing comes about when you have intervention probates or if ordered by the court.
By handling the non-intervention probate the way described in RCW 11.68.110, you don’t publish.  There is no accounting or final decree as in RCW 11.68.110 to be approved by the Court.

Basically, having non-intervention powers enables an estate to be closed w/o court approval by filing the Declaration of Completion of Probate, Declaration of Compliance and Notice of Mailing.
If the beneficiaries have not waived the objection period, the Declaration of Completion provides for 30 days to object to the distributions and payment of fees (RCW 11.68.110).

RCW 11.68.110<http://app.leg.wa.gov/RCW/default.aspx?cite=11.68.110>
Declaration of completion of probate—Contents—Notice—Discharge of personal representative—Waiver of notice.
(1) If a personal representative who has acquired nonintervention powers does not apply to the court for either of the final decrees provided for in RCW 11.68.100<http://app.leg.wa.gov/RCW/default.aspx?cite=11.68.100> as now or hereafter amended, the personal representative shall, when the administration of the estate has been completed, file a declaration that must state as follows:
(a) The date of the decedent's death and the decedent's residence at the time of death;
(b) Whether or not the decedent died testate or intestate;
(c) If the decedent died testate, the date of the decedent's last will and testament and the date of the order probating the will;
(d) That each creditor's claim which was justly due and properly presented as required by law has been paid or otherwise disposed of by agreement with the creditor, and that the amount of estate taxes due as the result of the decedent's death has been determined, settled, and paid;
(e) That the personal representative has completed the administration of the decedent's estate without court intervention, and the estate is ready to be closed;
(f) If the decedent died intestate, the names, addresses (if known), and relationship of each heir of the decedent, together with the distributive share of each heir; and
(g) The amount of fees paid or to be paid to each of the following: (i) Personal representative or representatives; (ii) lawyer or lawyers; (iii) appraiser or appraisers; and (iv) accountant or accountants; and that the personal representative believes the fees to be reasonable and does not intend to obtain court approval of the amount of the fees or to submit an estate accounting to the court for approval.
(2) Subject to the requirement of notice as provided in this section, unless an heir, devisee, or legatee of a decedent petitions the court either for an order requiring the personal representative to obtain court approval of the amount of fees paid or to be paid to the personal representative, lawyers, appraisers, or accountants, or for an order requiring an accounting, or both, within thirty days from the date of filing a declaration of completion of probate, the personal representative will be automatically discharged without further order of the court and the representative's powers will cease thirty days after the filing of the declaration of completion of probate, and the declaration of completion of probate shall, at that time, be the equivalent of the entry of a decree of distribution in accordance with chapter 11.76<http://app.leg.wa.gov/RCW/default.aspx?cite=11.76> RCW for all legal intents and purposes.
(3) Within five days of the date of the filing of the declaration of completion, the personal representative or the personal representative's lawyer shall mail a copy of the declaration of completion to each heir, legatee, or devisee of the decedent, who: (a) Has not waived notice of the filing, in writing, filed in the cause; and (b) either has not received the full amount of the distribution to which the heir, legatee, or devisee is entitled or has a property right that might be affected adversely by the discharge of the personal representative under this section, together with a notice which shall be substantially as follows:  (SAMPLE OF DECL OF COMPLETION HERE).
(4) If all heirs, devisees, and legatees of the decedent entitled to notice under this section waive, in writing, the notice required by this section, the personal representative will be automatically discharged without further order of the court and the declaration of completion of probate will become effective as a decree of distribution upon the date of filing thereof. In those instances where the personal representative has been required to furnish bond, and a declaration of completion is filed pursuant to this section, any bond furnished by the personal representative shall be automatically discharged upon the discharge of the personal representative.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>
Website:  www.glglawgroup.com

Due to COVID-19, I am working remotely.  As a result, I cannot accept any physical messenger service at this time.  Please email all pleadings and agreed upon service documents to theresa at glgmail.com<mailto:theresa at glgmail.com>.
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Monday, May 11, 2020 3:02 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Decree of Distribution vs. Declaration of Completion of Probate

By publication?  That was the question.  I am also interested in the answer because I have either had all of the beneficiaries waive the notice or give them notice by mail.  I have never published notice.

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Sarah McCarthy
Sent: Monday, May 11, 2020 2:41 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Decree of Distribution vs. Declaration of Completion of Probate

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