[WSBAPT] Timing of publication of Notice of Private Sale of Real Property

[Jon Fritzler]

I was referring to the notice required by RCW 11.56.080.

I read RCW 11.56.100 as requiring the PR to file a return of sale with the court within 10 days of accepting an offer, regardless of the type of sale, but only requiring publication of the sale in the case of a sale by negotiation.  Am I wrong?

Sincerely,
Jon M. Fritzler
Attorney at Law
717 E. 22nd St.
Vancouver, WA 98663
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Nick Pleasants
Sent: Monday, July 24, 2023 11:54 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Timing of publication of Notice of Private Sale of Real Property

There's two different notices required for a private sale in a full intervention probate.

  1.  RCW 11.56.080 notice is published before the property is listed
  2.  RCW 11.56.100 confirmation of sale is published after an offer is accepted subject to court approval

Occasionally I have had the court waive the notice under 11.56.080 if it is being listed on the MLS since there will be lots of eyeballs on it anyway, the notice doesn't serve any useful purpose. But the court will typically not waive the Confirmation of Sale, because it is an opportunity for another buyer to beat the best offer, and serves a purpose to publicly disclose the sales terms and essentially confirm it is the true market price.

Nicholas Pleasants | Shareholder

[OseranHahnAttyatLaw 8]

11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Jon Fritzler
Sent: Monday, July 24, 2023 10:09 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Timing of publication of Notice of Private Sale of Real Property

I represent a Personal Representative who does not have non-intervention powers.  An order authorizing my client to sell the decedent's real property via private sale has been entered.  My client is working with a realtor and the property will soon be listed for sale.  My question is regarding the timing of publication of the notice of sale.  Per RCW 1.56.080, the notice has to be published once a week for two consecutive weeks and must state the day on or after which the sale will be made and the place where offers or bids will be received.  In another probate where I represented a beneficiary, the PR waited until they had accepted an offer, subject to court approval, and then published the notice. However, I see nothing in the statute that requires the PR to wait to publish until after an offer is accepted and I don't see any reason not to go ahead and publish the notice now.  Am I missing something?

Sincerely,
Jon M. Fritzler
Attorney at Law
717 E. 22nd St.
Vancouver, WA 98663
Tel. 360.818.4431
Eml fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>

CONFIDENTIALITY
The information contained in this email is intended only for the use of the person or entity to whom it is addressed. This email may contain confidential or privileged information. If you are not the person whose name appears above, or the person responsible for delivering the email to the addressee, you are hereby notified that reading, using, copying, distributing or disseminating this communication is strictly prohibited. If you think that you have received this email message in error, please email the sender at fritzlerlaw at outlook.com<mailto:fritzlerlaw at outlook.com>. Thank you.

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