[WSBAPT] RCW 11.88.150 (2)

[deborah at neillaw.com]

Dewey,

See RCW 11.130.550(2) (2) If forty days after the death of an individual subject to conservatorship no personal representative has been appointed and no application or petition for appointment is before the court, the conservator may apply to exercise the powers and duties of a personal representative to administer and distribute the decedent's estate. The conservator shall give notice of his or her appointment and the pendency of any probate proceedings as provided in RCW  11.28.237 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.28.237> and shall also give notice to a person nominated as personal representative by a will of the decedent of which the conservator is aware. The court may grant the application if there is no objection and endorse the letters of office to note that the individual formerly subject to conservatorship is deceased and the conservator has acquired the powers and duties of a personal representative.


Deborah Jameson| Attorney | Neil & Neil, P.S.
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> On Jun 12, 2025, at 10:54 AM, Dewey Weddle <dwweddle at msn.com> wrote:
> 
> Esteemed colleagues,
> 
> Before the UGA was enacted, it was possible to transform a guardianship case into a probate case using RCW 11.88.150 (2).  On the new pattern forms it is possible (by checking the appropriate box) to have the Court issue Letters Testamentary or Letters of Administration, but looking at the UGA, there does not seem to be legal authority for doing so.  I am trying to transform a guardianship into a probate, but the Court will not issue Letters until I can provide the legal authority, essentially telling me that I need to open probate under a new cause number. Am I missing something, or is this just another reason to dislike the UGA? 
> 
> Best regards,
> 
> Dewey 
> 
> Law Office of Dewey W. Weddle, PLLC
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> Anacortes, WA 98221
> 
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