[WSBAPT] Abandon King Co. Probate and Commence new Probate in Pierce Co.?

[Eric Nelsen]

I don't think it can just be abandoned; you'd have to disclose to the Pierce County court that an existing administration was commenced in King County. Even if the PR is deceased, they still did something during their administration, and the PR's Estate I think has a duty to account to any successor PR as to what was done, what assets remain to be administered, etc. RCW 11.28.280, .290.

I think it's too late to request a venue change also, under RCW 11.96A.050(4). You might be stuck in King County, for which I truly sympathize. I practice almost entirely in King County but occasionally handle a Pierce County case, and burn with regret every time I use LINX and remember that there was a time that King County could have switched to LINX instead of its current systems. AND that the statewide system could have been LINX instead of Odyssey. (I'm sure there were good reasons for the decision, but from the outside, LINX still looks like the best by far.)

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Tuesday, September 19, 2023 9:27 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Abandon King Co. Probate and Commence new Probate in Pierce Co.?

Colleagues,

I have a case where the administrator (now deceased) commenced probate in King County and several procedural mistakes were made.  Among other mistakes, the decedent had a will, which was never admitted to probate, proper notice was not given to heirs, the notice to creditors was defective and unpublished, no notice was given to DSHS, and the list goes on....  Rather than jumping through the hoops of petitioning the King County Court to revoke the prior letters, admit the will to probate, appoint a new personal representative, and fix all of the errors, may the new personal representative abandon the King County action and commence a new probate proceeding in Pierce County?  The Notice to Creditors will need to be re-published anyhow (so there's no concern about proper notice to creditors - and there are no known creditors).  I recognize that I'm biased as my office is in Pierce County but I find the Pierce County Superior Court much more convenient for a number of reasons - LINX and proximity to the court, etc.

Thank you,


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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