[WSBAPT] Solvency unknown when opening probate

[Eric Nelsen]

I think you need a CR 11 basis to assert solvency and get NPs, so you have to know something that meets that standard. That can be less than knowing exact balances but I think it has to be more than a guess. If the PR truly knows nothing about the decedent's assets and debts on which to base a solvency determination, I think you can only petition for appointment without a request for NPs, then get the bank statements and petition later for adjudication of solvency and NPs.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Lovie Bernardi
Sent: Monday, December 6, 2021 12:30 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Solvency unknown when opening probate

I'm sending this question out again:

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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