[WSBAPT] voluntary dismissal of probate

[Eric Nelsen]

I think a Motion to Dismiss is a route-or perhaps styled as "Motion to Cancel Letters and Close Probate Without Administration." But it's not CR 41 so much as the court's equitable authority to dismiss an unnecessary probate. From briefing I used a few years back:

In probate, a lower court's decision to decline or accept jurisdiction "is a matter resting largely in the discretion of the court." Murphy v. Murphy, 42 Wash. 142, 149, 84 P. 646 (1906). The court has discretion to refuse to commence administration when there appears to be no need for one. In re Peterson's Estate, 137 Wash. 137, 241 P. 964 (1926). Even after one has been commenced, the court may revoke the Administrator's Letters "for the sole purpose of ending an unnecessary administration." Murphy at 150. The decision to appoint or remove a PR in general rests in the discretion of the court, and will not be disturbed in the absence of a clear showing of abuse of discretion. In re St. Martin's Estate, 175 Wash. 285, 289, 27 P.2d 326 (1933).

I think it only works if the PR truly has no assets, nothing to deal with, and really hasn't achieved anything and no one has appeared and there's nothing that needs to be done.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Mike Zeno
Sent: Wednesday, September 1, 2021 4:18 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] voluntary dismissal of probate

How does one go about voluntarily dismissing a probate?  Details/context:  It was filed recently-PR appointed, letters issued-but that's all.  No appearances.  Intestate.  Sole asset a chose in action (decedent died while her PI claim was pending).  PR is decedent's mother.  No spouse or kids.

Is there any reason I can't just voluntarily dismiss under CR 41?

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