[WSBAPT] Notice of Hearing to appoint non-spouse PR - RCW 11.28.030 v. RCW 11.28.131

Jeff at bellanddavispllc.com Jeff at bellanddavispllc.com
Mon Oct 31 09:58:19 PDT 2022


Listmates:

 

Deceased spouse's Will appoints the two sons co-PR.  It is because surviving
spouse has health issues.  Under RCW 11.28.030, before appointing the son's
PR, because we are within 40 days of death, notice must be given to the
surviving spouse.  The time, it appears, must be set by the court.  There is
no number of days for the notice.  To the contrary, RCW 11.28.131, dealing
with letters of administration, it sets a 10 day notice for the hearing to
appoint the non-spouse.  Do I assume that 10 days is adequate notice?  I
know I can wait for the 40 days to pass, but the PR's are pushing to get
this going; I could ask the surviving spouse for a waiver but that person is
at that point where they agree one moment then disagree a minute later.
Your thoughts.

 

Jeff Davis

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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