[WSBAPT] Judicial Appointment of Successor Trustee

[Jeanne Dawes]

Dear Listmates:

I have Petitioned the Court to appoint a successor trustee a couple of times in the past few years under RCW 11.98.039(4) without filing the Petition as a separate TEDRA action, or using the TEDRA Summons.  A colleague in my office is asking me how I did that since the statute specifically refers to using the procedures provided in RCW 11.96A.080 through 11.96A.200, in which 11.96A.090 states all judicial proceedings under this title must be commenced as a new action.  I viewed this process not as a judicial proceeding but closely related to the related probate proceeding and just went forward with the Petition and I got my order appointing successor trustee. (there was no current trustee and no method in the trust instrument for appointing a new trustee).    I understand the availability of a nonjudicial TEDRA agreement, but the few times I've used this in the past was for a SNT or a minor, and the trust was a testamentary trust.  One of the interested parties was unable to sign a TEDRA agreement without jeopardizing the SNT or because of being a minor.   I just gave the 20-day notice of hearing (required by 11.96A) to the disabled person or minor (age of 17) beneficiary, who in each case was in agreement with the appointment.

Do you know of some authority that allows us to handle this very simple procedure without having to file this as a separate action, using the TEDRA Summons, when a beneficiary is not able to sign a TEDRA agreement?  Although I've only done this a few times over the years, my Order was signed by the court each time.    But now I'm wondering if I handled this correctly.


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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