[WSBAPT] Probate Petition When Unsure if Estate is Solvent

[Diane J. Kiepe]

I use similar language as that below and add, “in the event it is determined that the estate is not solvent, the Petitioner will promptly notify the court”.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Laura Latta
Sent: Friday, December 3, 2021 12:42 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Probate Petition When Unsure if Estate is Solvent

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<mailto: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<mailto:joni at sbfirm.com>
http://fb-lawfirm.com<http://sbfirm.com/>

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Laura Latta
Law Office of Laura Latta PLLC
she/her

Phone (206) 841-2344
www.LauraLatta.com<http://www.LauraLatta.com>

PO Box 82356

Kenmore, WA 98028

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