[WSBAPT] Effect of expungement on qualifications to serve as PR under RCW 11.36.010

[Bruce Moen]

In my experience, the answer is "No." The statute says "ever been convicted." The only exceptions would be 1) a reversal of the conviction by an appellate court or 2) a pardon by the Governor or the President.

I have heard of anecdotes from colleagues  where a court will allow the appointment upon such post conviction events.   So I guess it is possible.

If you make the application, I'd lay it all out in the Petition so that the court has all of the facts.

  Bruce Moen



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Lincoln Miller
Sent: Monday, November 21, 2022 4:07 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Effect of expungement on qualifications to serve as PR under RCW 11.36.010

Does expungement of a felony committed by a petitioner have the effect of allowing that petitioner to be qualified to serve as a personal representative under RCW 11.36.010?

Lincoln Miller

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