[WSBAPT] Does a Personal Representative have authority to run decedent's business?

[Bruce Moen]

RCW 11.48.025.

You need a "showing of advantage" to the estate.

Tricky area and can be a source of litigation when no succession plan or a disputed succession plan.

Can also be a source of litigation against the PR and lawyer when the business tanks during the probate administration.

My suggestion is to ignore any NPs granted and petition the court with your plan, notice to all parties, and to update the court with changing circumstances as you go forward.

  Bruce Moen

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Friday, June 3, 2022 9:44 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Does a Personal Representative have authority to run decedent's business?

Listmates:

If a decedent, at time of passing, has a operating business, does the Personal Representative have authority to step in and operate it until it can be sold or liquidated?  I did not see anything under title 11 specifically addressing this issue?

Jeff Davis

W. Jeff Davis
BELL & DAVIS PLLC
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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