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

[Dalynne Singleton]

In King county, it is 14 days' notice.  See page 2 of attached which I had for today's hearing.
Best way to find out what you need is on the Note for Motion Docket forms.
Your question might be moot if in King County because hearings are being set for late December right now - 40 days will have passed before hearing.

Each county sets the time for notice for probate hearings so check the local rules or review their NMD forms.
I would note for hearing and let the spouse decide if they want to petition within 40 days or waive their right as to community property.

Dalynne Singleton
Gourley Law Group
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Monday, October 31, 2022 9:58 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Notice of Hearing to appoint non-spouse PR - RCW 11.28.030 v. RCW 11.28.131

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
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