[WSBAPT] Re-opening Administratively Closed Probate

[Sara Longley]

Eric and Dalynne,

Thanks for your responses.  It definitely differs by county, though CR 41(b)(2) (A) is quite firm in stating that in any civil case languishing for more than 12 months the clerk "shall" notify attorneys of record and dismiss the case unless a party files a status report within 30 days.  I ordinarily practice in King County, where it is rare to see the clerk take any action under this rule, but these new-to-me matters are in a different county.

I appreciate the note that the PR is not discharged by the clerk's administrative closure — obvious on consideration.  I suppose I can remove the re-issuance of Letters from my form Order for these.

Enjoy the snow,
Sara


[cid:image001.png at 01DB0E74.D67AAA40]

Sara D. Longley, Attorney

(Main) 360.378.4450 ext. 107

(Direct) 360.468.7230

Slongley at pnwtaxlaw.com<mailto:Slongley at pnwtaxlaw.com>

www.pnwtaxlaw.com<http://www.pnwtaxlaw.com/>



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________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Eric Nelsen <eric at sayrelawoffices.com>
Sent: Thursday, February 6, 2025 10:26 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Re-opening Administratively Closed Probate


It has been a very long time since I dealt with one of these, but as I recall it differs from county to county. At least one county (Pierce maybe?) at one point had a local rule where you needed to submit a specific motion to re-open the probate, while another county (King I think?) would administratively “re-open” the probate if you called the clerk.



The legal effect of “administrative closure” is iffy. I think it really just means the clerk is archiving the file to get its maintenance out of their hair, and it doesn’t really mean anything in terms of the ongoing authority of the PR. It’s certainly not a valid way to close a probate under the statutes, and obviously it doesn’t discharge the PR from their duties or liability for breach of duty.



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 Sara Longley
Sent: Thursday, February 6, 2025 10:15 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Re-opening Administratively Closed Probate



Hello listmates,



I have been brought in to work on a few different probates where matters stood still for so long that the court administratively closed the probate matter and they needed to be re-opened to complete the remaining work and distribute the assets.



My question is this: does re-opening a closed probate automatically revive the previously issued Letters?  I have been assuming that new Letters need to be issued, but I am curious to know if anyone has a rule or statute I have missed in my research saying otherwise.



Thanks,

Sara



[cid:image001.png at 01DB7881.A2141120]

Sara D. Longley, Attorney

(Main) 360.378.4450 ext. 107

(Direct) 360.468.7230

Slongley at pnwtaxlaw.com<mailto:Slongley at pnwtaxlaw.com>

www.pnwtaxlaw.com<http://www.pnwtaxlaw.com/>



This email and any attachments may contain confidential and/or attorney-client privileged information. If you are not the intended recipient please immediately delete the email and notify the sender.
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