[WSBAPT] Non intervention probate - 2 businesses

Thu Jul 1 15:47:37 PDT 2021

Dwayne,

I don't believe so, but the bank or other entities will be nervous about the authority of the PR.  I have typically drafted corporate consent documents in this type of situation to appoint the PR as the President or Manager of the entity, along with a Secretary's Certificate.  That satisfied them.

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dalynne Singleton
Sent: Thursday, July 1, 2021 3:19 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Non intervention probate - 2 businesses

Does it require a court order to close a bank account for a business of a decedent with non-intervention powers?

I have an Administrator of an Estate for her father who had 2 businesses.  One closed and had no assets shortly after death but the other one, had assets and debt, a bank account which needs to be transferred to the heir who is taking the business as part of her inheritance.  If yes, please share with me a motion or guidance on this issue to get the appropriate court order.  The Bank is refusing the new "owner" to have access to the deceased owner's business accounts.  The business was solely owned by the decedent in an LLC, he was only member.

RCW 11.48.025<http://app.leg.wa.gov/RCW/default.aspx?cite=11.48.025>
Continuation of decedent's business.
Upon a showing of advantage to the estate the court may authorize a personal representative to continue any business of the decedent, other than the business of a partnership of which the decedent was a member: PROVIDED, That if decedent left a nonintervention will or a will specifically authorizing a personal representative to continue any business of decedent, and his or her estate is solvent, or a will providing that the personal representative liquidate any business of decedent, this section shall not apply.
The order shall specify:
(1) The extent of the authority of the personal representative to incur liabilities;
(2) The period of time during which he or she may operate the business;
(3) Any additional provisions or restrictions which the court may, at its discretion, include.
Any interested person may for good cause require the personal representative to show cause why the authority granted him or her should not be limited or terminated. The order to show cause shall set forth the manner of service thereof and the time and place of hearing thereon.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
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dalynne at glgmail.com<mailto:dalynne at glgmail.com>
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