[WSBAPT] King County's requirement that nonintervention PRs file something annually

[John Sullivan]

Good catch.

Maybe it’s a typo and the court meant to cite RCW 11.28.160:

 https://app.leg.wa.gov/RCW/default.aspx?cite=11.28.160

And maybe they’re laying down a per se reason if nothing is done for 12 months. It looks like they’re in effect imposing the interim report mandate of RCW 11.76.010 in cases without NIP.

https://app.leg.wa.gov/RCW/default.aspx?cite=11.76.010

John J. Sullivan

Sent from my iPhone

On Jul 6, 2021, at 6:04 PM, Doug Schafer <schafer at pobox.com> wrote:

 [Cross-posted to WSBA RPPT Probate & Trust listserv; originally a discussion on Elder Law Section listserv]

John Sullivan's attached "Notice of Probate Case," apparently generated by the King County Superior Court for every probate case, states in part:

"This probate action shall be prosecuted without delay; pursuant to RCW 11.48.010, the estate
shall be settled as rapidly and as quickly as possible. RCW 11.76.010 requires that not less
frequently than annually, a report of the affairs of the estate shall be filed with the court. At no
such time shall the action go more than 12 months without case activity or reporting to the
Court.
For cases in which Personal Representative or Administrator are granted non-intervention
powers, RCW 11.28.050 allows the Court to give notice to the personal representative to appear
for a hearing at which the Court may consider grounds for removal such as, wrongfully
neglecting the estate or neglecting to perform any acts as personal representative. Therefore, at
no such time shall the action go more than 12 months without case activity or reporting to the
Court."

The second paragraph appears to me quite contrary to WA law, and the cited statute, RCW 11.28.050, appears inapplicable.
https://app.leg.wa.gov/RCW/default.aspx?cite=11.28.050

Is there some local court rule that supports this document's claim that a PR with nonintervention powers must annually file a report or something with the court?

This notice appears to me to directly conflict with RCW 11.68.090(1) "Any personal representative acting under nonintervention powers may ... administer and settle the estate of the decedent without intervention of court." (effective until 7/25/2021).

And it appears explicitly contrary to the revised language, effective 7/25/2021, of RCW 11.68.090(2)(a) "A personal representative with nonintervention powers may act without an order of the court and without notice to, direction from, approval by, confirmation by, or intervention of any court."

Doug Schafer, in Tacoma.

On 7/6/2021 13:34, John Sullivan wrote:
Heather:

I haven’t followed all of the entries in this thread, but in the last year or so King county has been generating the attached at the beginning of each probate.
Best regards,
John J. Sullivan
Attorney

Lyons | Sullivan
10655 NE 4th Street, Suite 704
Bellevue, WA  98004
425·451·2400 tel 425-451-7385 fax
www.dljslaw.com<http://www.dljslaw.com/>


[https://ipmcdn.avast.com/images/icons/icon-envelope-tick-green-avg-v1.png]<http://www.avg.com/email-signature?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient> Virus-free. www.avg.com<http://www.avg.com/email-signature?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient>
<ProbateCaseNotice.pdf>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20210707/0fab3b84/attachment.html>