[WSBAPT] Canadian serving as PR?

[Kendel Froese]

Good morning all:

I am drafting a Will for a client who wants to designate a Canadian citizen
as their personal representative. As I'm sure we all do, I often draft
Wills that designate a non-Washington resident as PR, and just tell the
client that when the time comes, an in-state/county agent will need to be
appointed for service of process, etc. My guess is that RCW 11.36.010(6)
also applies to a Canadian who would be considered a "nonresident" - but
does anyone have experience with this and can answer for sure whether a
non-US citizen can serve as PR?

RCW 11.36.010(6): *A nonresident may be appointed to act as personal
representative if the nonresident appoints an agent who is a resident of
the county where such estate is being probated or who is an attorney of
record of the estate, upon whom service of all papers may be made; such
appointment to be made in writing and filed by the clerk with other papers
of such estate; and, unless bond has been waived as provided by
RCW 11.28.185 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.28.185>, such
nonresident personal representative must file a bond to be approved by the
court.*

Thank you in advance!

Warmly,
Kendel

--

Kendel Froese

Attorney, Froese Law PLLC <https://www.froeselawpllc.com>

203 N. Washington | Suite 200 | Spokane, WA | 99201

509.514.5317 (Call & Text)

Instantly schedule an appointment with me here
<https://calendly.com/froeselawpllc>!

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