[WSBAPT] Canadian serving as PR?

[Bruce Moen]

My experience is that the court may appoint them, but that the US Bonding companies will not bond them. (I think an issue of getting jurisdiction over them if an impaired bond.)

OK if they can post a cash bond.  If a substantial estate, be prepared for a substantial bond.

I've also had foreign PRs/ Trustees  move substantial funds out of the jurisdiction of the US which alarmed me because of the potential liability to my office (under Trask v Butler) if the funds disappeared.

Be careful.  Might be a good idea to avoid NPs and to lock up the local liquid assets so that the assets remain local.

  Bruce Moen
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Kendel Froese <kendel at thrivelawpllc.com>
Sent: Wednesday, November 15, 2023 10:12 AM
To: WSBA Probate & Trust Listserv <WSBAPT at lists.wsbarppt.com>
Subject: [WSBAPT] Canadian serving as PR?

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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