[WSBAPT] Replacing Personal Representative

Fri Feb 9 14:56:00 PST 2024

For what it's worth, I went under TEDRA for a recent removal.  I did not reach the BOP required but the judge did award our side legal fees - so win in part and I requested the fees under TEDRA.

Diane J. Kiepe
Douglas Eden, P.S.
717 W. Sprague Ave., Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

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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: Friday, February 9, 2024 2:41 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Replacing Personal Representative

Troy,

The procedure has changed a little.  See the attached case.  You can go under RCW 11.28.250, alone.  If nonintervention powers were given, I am not sure if you must go under RCW 11.68.070, which then includes RCW 11.96A.  What appears to have changed under 11.68.070 is in 2021 the statute was amended and it dropped the citation requirement.  We used to always get a court to sign the citation that hearing date and time.  I have a pending one where I filed a petition, citing both statutes, but arguing primarily 11.98,250.  I just noted it for hearing.  We shall see.

Jeff

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
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Phone: (360) 683.1129
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email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.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 Troy Courage
Sent: Friday, February 9, 2024 2:20 PM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Replacing Personal Representative

Dear Listserv,

I represent an heir in a probate matter. The Personal Representative may need to be replaced. How is this done? By Petition? By Motion? If by Petition is a Summons required and personal service? It is not clear to me from reading the statutes. [ RCW 11.28.250] [RCW 11.68.070]

Thank you,

Troy Courage
Attorney

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