[WSBAPT] Pro Se Litigant & Questionable Objection to Declaration of Completion of Probate

[David Faber]

Good afternoon,

I'm working a probate estate and just about ready to close the estate. I
filed a Declaration of Completion and served it on the beneficiaries of the
estate with notice under RCW 11.68.110(3). With a few days left in the 30
day period to file a petition seeking an accounting, two of the
beneficiaries (representing themselves) filed a pleading they titled
"Notice of Objection" which says, in full, "We object to the lack of
communication and the manner in which the personal representative disposed
of all the our mothers, family personal belongings and misused the
inheritance left for all of us." [sic]

RCW 11.68.110(2) expressly states "unless an heir. . . petitions the court
[for one of two potential orders]. . . within 30 days of filing a
declaration of completion of probate, the personal representative will be
automatically discharged without further order of the court. . ."

The beneficiaries have clearly failed to meet the express written
requirements of RCW 11.68.110(2) because they did not petition the court
for either potential order, instead just noting their objection. Because
they are *pro se*, however, I'm always worried that the court might look
negatively on me ignoring them based upon their technical
ignorance/defects. That said, if I were to note this up for a hearing, I
think I'd be breaching my ethical obligations to my client and probably
committing malpractice by waiving our defense to their clearly defective
pleading.

I'm writing the list to ask whether anyone has any advice for the proper
way to proceed/address such an issue? I do not want to open the door for
the beneficiaries to get a bite at the apple that they wouldn't otherwise
have, but I also don't want to direct my client to make final disbursement
of the estate assets once the 30 day clock has run only to then have my
client (and me) smacked by the court for not being conciliatory to
*pro se *litigants.
My gut is that I should do the latter: ignore, direct disbursement, and
defend my client on the basis that no petition was filed if ever I have to
defend them, but I just want to suss out whether anyone thinks differently
or has other ideas.

Any thoughts?

Best,
David J. Faber
Faber Feinson PLLC
800 Polk Street, Suite B
Port Townsend, WA 98368
(360) 379-4110

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