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

[J A Cyphers]

The attached  Probate Case Status form has been around for a while.
Note it is dated June 2018.   I recall filing it in my last probate before
I retired, a probate that went on for a while because there was a federal
estate tax return.
I do not recall the order or other document that came with the form.
If you look at the Probate of Estate Case Review page for the King County
Superior Court
https://kingcounty.gov/courts/clerk/access-records/estate-closure.aspx
It says -
The King County Superior Court and the Clerk’s Office are embarking on a
project to address the 12,000 open, yet inactive, probate of the estate
cases on record in the clerk’s office.  In addition, as of June 1, 2018,
new measures are being put in place to keep newly filed cases active and
working toward timely completion.
You can access the Probate Case Status template from that page.
And there is a June 8 2018 Clerk's Notice.  I have attached it because it
was very slow to pull up on the Clerk's page.
It does not reference the Case Status document but I suspect it all
happened around that time.


On Tue, Jul 6, 2021 at 6:08 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
>
>
>
>
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-- 
Jackie Cyphers
Jeannette A. Cyphers, Attorney at Law
P. O. Box 908
Edmonds, WA 98020-0908
telephone 425-776-5887
fax 425-640-0814
jacyphers at gmail.com
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