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

Mon May 11 15:35:11 PDT 2020

One more thing I should add – the 24-month absolute bar for creditors claims expired in March of this year.

Jeanne

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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From: Jeanne Dawes
Sent: Monday, May 11, 2020 3:32 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: RE: [WSBAPT] Decree of Distribution vs. Declaration of Completion of Probate

Ok, so a bit more detail.  I will not get waivers from heirs because they want no part of this, intestate probate, where all assets were community property, spouse is sole beneficiary, and estate is insolvent (over $100,000 in IRS debt).  Heirs will either get the 30-day notice if we file the Declaration of Completion, or the 20-day notice if we close by Decree of Distribution.

The estate is insolvent, and I’m wondering if there is something about closing with a Decree of Distribution that provides a bit more protection for my PR from the unpaid creditors, than filing by Declaration of Completion of Probate which states creditors “have been paid or otherwise disposed of by agreement of the Creditor.”   Most of the creditors released their claim, but I have 3 creditors who have verbally indicated they will not release their claim but will put the debt in an uncollectible status and not pursue collection.

I want to do this in the most economical way possible, but also want to give the PR the best protections.  PR retained nonintervention powers through insolvency.  I don’t think there is anything more I get for the PR by closing with a Decree of Distribution rather than a Declaration of Completion of Probate, but I would be able to explain the creditor situation.  If, however, I do use the Decree of Distribution I then need to know whether Notice of Hearing must be published.   If so, that argues more for just closing the estate with a Declaration of Completion of Probate.

Jeanne

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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From: wsbapt-bounces at lists.wsbarppt.com<mailto: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<mailto: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
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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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