[WSBAPT] Probate Petition When Unsure if Estate is Solvent

Laura Latta laura at lauralatta.com
Fri Dec 3 12:42:21 PST 2021


In a similar situation, based on the wise counsel I received here, I've
used this language successfully:

Based on the information available to the Petitioner at this time, the
Petitioner reasonably believes the Decedent’s Estate is solvent and that
the estimated value of the Estate, including probate and nonprobate assets,
is more than the debts and the expenses of the administration and the
settling of the Estate.

On Fri, Dec 3, 2021 at 11:36 AM Lovie Bernardi <lovie at fb-lawfirm.com> wrote:

> Listmates,
>
>
>
> I am preparing pleadings to open a probate for someone who did only online
> banking, so no paper statements have been found. We know that accounts
> existed, but not their value. The decedent did not own real estate, so we
> will not know about their assets until letters testamentary are issued. My
> question is: how do I address solvency in the petition? My inclination is
> to tell the court we will not know the extent of the assets until letters
> are issued, ask for a non-intervention probate and indicate that the court
> will be informed if the estate is insolvent. Any suggestions? Thanks in
> advance.
>
>
>
> Lovie
>
>
>
> Lovie L. Bernardi
>
> Flaherty & Bernardi, PLLC
>
> 3600 15th Avenue West #205
>
> Seattle, WA  98119
>
> (206) 682-2616
>
>
>
> lovie at fb-lawfirm.com <joni at sbfirm.com>
>
> http://fb-lawfirm.com <http://sbfirm.com/>
>
>
>
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