[WSBAPT] Re-opening Administratively Closed Probate
Jane Bitz
jbitz at whc-attorneys.com
Thu Feb 6 14:49:09 PST 2025
In Spokane County Superior Court we submit a Motion and Order to reopen the estate to the Presiding Dept and the Order states that the Clerk shall issue Letters Testamentary/Administration to the named PR or person who was acting as Administrator.
We ask for re-issued (new issue date) on the old file so that whoever we are dealing with doesn't have a reason to not honor the Letters Testamentary/Administration.
Note: if we submit a Petition and Order, the Clerk's Office will charge us a new filing fee.
All the best,
Jane.
Jane G. Bitz
Of Counsel
WHC Attorneys PLLC
12209 E. Mission Ave, Suite 5
Spokane Valley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of James R Ihnot
Sent: Thursday, February 6, 2025 12:43 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Re-opening Administratively Closed Probate
I recently had this issue and the Clerk in King County required me to file a new action and to get new letters issued. I have no problem if a Declaration of Completion was filed by the Estate, in that event there is a statute that says the case is terminated so I didn't fight the decision to get new letters. It also made sense to me, if the case is dissolved, how can the letters still be valid?
Jim
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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto: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<mailto: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
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Sara D. Longley, Attorney
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(Direct) 360.468.7230
Slongley at pnwtaxlaw.com<mailto:Slongley at pnwtaxlaw.com>
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