[WSBAPT] "Petition for Instructions" or "Motion for Order Instructing PR"

Thu May 6 08:46:56 PDT 2021

I indicate motion for instructions as well and it works.

I have noticed the clerk's office also wanting to have a new TEDRA matter opened and paid for as a new matter when I am filing my TEDRA agreements in a probate cause.  These are supposed to be $20.00 only - the clerk's website of fees cites to RCW 36.18.012(8). So I added this information to my filings and changed the name of those agreements as well.

It has become a problem with the clerks office a lot like I had 20 years ago with the county auditors - depending on who gets your documents, the acceptance and filing changes, the rules are not the same, and some days the document will be filed and accepted and other days, not so much.  I am not sure if there are new clerks or some who do not fully understand the probate document filings but it is frustrating, to say the least.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of James W. Spencer
Sent: Wednesday, May 5, 2021 3:40 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] "Petition for Instructions" or "Motion for Order Instructing PR"

Greetings Hivemind:

I lump this into stuff that probably doesn't matter, but I thought it was worth asking what y'all thought about the name of the pleading we would use to ask the court to instruct a personal representative.

I know that "Petition for Instructions" seems to be our lexicon for this type of thing, but I hate using it as any reference in that "Petition" to the court's plenary authority under TEDRA may very well trigger the clerk to require a new TEDRA case number (and the associated filing fee) when all I want to do is file it in the underlying probate.

I am inclined to call it a Motion for Order Instructing PR instead.

I'm certainly overthinking this, but I thought it would be worth throwing out to everyone for their thoughts.

Thanks,
James

James W. Spencer
Attorney at Law
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