[WSBAPT] Solvency unknown when opening probate

Heather de Vrieze heatherd at westseattlelaw.com
Mon Dec 6 12:48:23 PST 2021


Either start of simply seeking appointment, gather enough information to go back for Order of Solvency and NPs, or find something to explain to the Court your belief that the estate is solvent with a clear acknowledgement that if anything changes that assessment, you will provide proper notice to all parties and the Court.

Heather

Heather S. de Vrieze
Attorney-at-Law
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3909 California Avenue SW
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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

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