[WSBAPT] What if no named PR is qualified to serve?

[Mark Vohr]

Interview professional trust companies.  Most do this routinely, E.g. Ohana,  Guardianship Services of Seattle, WE Trust, Shoen Trust.  Court will also appoint lawyers will also serve in this role – just make sure they have the requisite experience.   Decide on one who a majority of the beneficiaries agree can serve as PR.  Petition the court to appoint an “Administrator with Will Annexed”   Best to get a professional of some kind.  Make sure they have done this a lot and have a well-designed setup for administering estates.

See RCW 11.36.021 (says trustees, but also applies to administrators) and last sentence of RCW 11.28.120(7) “…or any suitable person to administer such estate.”

You can’t contract for a PR/Administrator.   See RCW 11.28.120(7) The nominee has to be presented to the court with notice to the interested a parties.  I generally would not use a “contract service provider with the office of public guardianship and conservatorship” unless that service provider also does a lot of probate work and has a well-oiled machine in place for doing so.

Hope that helps.

Regards,

Mark

Mark C. Vohr, J.D. CPGC
Ohana Fiduciary Corporation
A Washington Trust Company
155 NE 100th St., Suite 209
Seattle, WA  98125
Telephone:  (206) 782-1189

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ryan Castle
Sent: Wednesday, January 31, 2024 12:56 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] What if no named PR is qualified to serve?

Listmates,
I have never run into this before, but what options are available if no named personal representative in a will is qualified to serve? There are incapacity and crimes of moral turpitude issues for all three named PRs. And there does not appear to be any unnamed friend or other family member willing to petition to be PR.

Are we just left with a "contract service provider with the office of public guardianship and conservatorship" under RCW 11.28.120(7)? The other possibilities listed under the RCW don't exist, are not applicable, or are disqualified. How does the process with the office of public guardianship work? Do they get paid from the estate? Do we petition the court to appoint at random a contract service provider?

Any advice is most welcome.

--

Ryan Castle
Castle Law Firm, PLLC
Managing Attorney
T: 360-685-4260
F: 360-524-6838
1313 E. Maple St., Suite 213
Bellingham, WA 98225
https://ryancastlelawfirm.com/<https://urldefense.proofpoint.com/v2/url?u=https-3A__ryancastlelawfirm.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=K1mLMC1eFjwfeeMM-AC6zQ&m=NYwbSP5wYBqYxYM4ZMVUgyAemyIqephMLVIZzJU0hsiFT6Lu2LbNJ2Y05o23Ufdb&s=63Bs6LIRRcG4Oi_HDjrC3PPLraD8Mb57JrN-IpKcmKo&e=>


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