[WSBAPT] Petition for Probate - CIR

[James W. Spencer]

Greetings Mike:

There is no statutory authority (or case law that I know of) that would give the surviving CIR partner any greater right to letters than “any suitable person” under 11.28.110(7).

Your reading of Witt is correct. Unless the CIR partner has an actual creditor claim against the decedent (beyond an equitable division of property after a finding of a CIR), they are not a creditor. The CIR claim is not properly brought as a creditor’s claim, but rather a petition for a finding of the CIR and an equitable division of property. The surviving partner’s share is not part of the decedent’s estate, so there is no creditor’s claim to be had for that equitable share.

Regarding a petition, I would simply explain the petitioner’s relationship to the decedent, and that none of the other persons entitled to letters petitioned for letters within the 40 day window. If you want to skip notice (so as not to get someone in a “superior” position trying to get letters instead), petition for the appointment without nonintervention powers, and then seek them later with proper notice.

My $.02.

Best wishes,
James

James W. Spencer
Attorney at Law
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael at westseattleattorney.com
Sent: Tuesday, October 6, 2020 2:03 PM
To: WSBA Probate & Trust Listserve <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Petition for Probate - CIR

Hi - it was suggested that the CIR survivor file for Petition for Letters of Administration and a creditor claim as well. But doesn't Witt v Young, indicate this is not needed?  In any event, wondering if my std Pet for Letters of Administration should be  updated for a CIR. Would someone like to share one?
Thanks
Mike

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