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

Wed Jan 31 15:29:31 PST 2024

Best post today!

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>
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Dalynne Singleton
Sent: Wednesday, January 31, 2024 3:17 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] What if no named PR is qualified to serve?

I agree with Bruce.  Both he and I serve as PR in estates and there are other attorneys who do the same.
The court usually finds us to be superb "any suitable person".

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
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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 Bruce Moen
Sent: Wednesday, January 31, 2024 1:28 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] What if no named PR is qualified to serve?

11.28.120(7) "... or any suitable person."

I've have just recruited someone, friend or family or another lawyer, and the court has always appointed.

Notice to all of the interested parties unless the interested parties sign a consent to the appointment.

  Bruce Moen
________________________________
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 Ryan Castle <ryan at ryancastlelawfirm.com<mailto:ryan at ryancastlelawfirm.com>>
Sent: Wednesday, January 31, 2024 12:56 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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/

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