[WSBAPT] Nonintervention Estate - Sale to PR Court Approval

Wed Sep 22 14:28:06 PDT 2021

Generally, if the PR is a beneficiary of the estate and the asset is less than or equal to the PR’s share of the estate, then the PR has the unilateral power to make a non prorata distribution to herself. I agree with Diane on getting an appraisal and following the 90% rule, but at the end of the day, a PR with NIP gets to make that decision, regardless of how the other beneficiaries feel.  See In re Estate of Jones, 152 Wash.2d 1, 12, 93 P.3d 147 (2004): “We disagree that distribution of the house alone breached a fiduciary duty…”. But I have some concern that the new RCW 11.68.090(4) requirement for the PR to “act in good faith, with honest judgment, and in accordance with the terms and purposes of the probated will and the interests of the beneficiaries” might abrogate the PR’s power to act unilaterally in this case. The safest course of action would be an agreement among the beneficiaries as to the value of the asset that the PR is purchasing.

Nicholas Pleasants
Owner

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From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Dalynne Singleton <dalynne at glgmail.com>
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Wednesday, September 22, 2021 at 8:46 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Nonintervention Estate - Sale to PR Court Approval

I think you need approval of all the heirs but not the court and notice of any conflict.  If RE, an appraisal or market analysis would be at a minimum.
The PR needs to be sure it is a fair offer and purchase.  If there is dispute, I would provide notice to all the heirs of the purchase, price and the reason it is reasonable.  I’ve always followed the 90% of value if real estate rule for intervention probates as the court follows that when intervention sales.

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 Josh Grant
Sent: Tuesday, September 21, 2021 3:27 PM
To: wsbar trust <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Nonintervention Estate - Sale to PR Court Approval

For many years I have been getting court approval if a PR buys an asset of an estate in nonintervention estates.
In looking at the pleadings I have used for an approval I see I have used RCW 11.40.140.  I read it and I don’t think it has anything to do with that. I looked through 11.68 (nonintervention) and I didn’t see a provision requiring court approval.   The probate I am dealing with involves a PR who is not a beneficiary.
So I am wondering if I even need to get court approval?  I would kind of like a court order approving of the sale, but I am not sure what RCW to use.

Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
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