[WSBAPT] quick questions re process

[Kate Szurek]

Listmates:

We are handling a probate action where decedent named his ex-wife/primary beneficiary/mother of his children as PR of his estate.  His death was sudden and she was battling cancer, so she declined to act and decedent's next-named PR (decedent's elderly brother) was appointed by the court as PR.

Very complicated hard assets, lots of complex transactions (e.g., difficult real estate sales), and PR lives across the state and cannot be reached by phone or email.  So, given all is proving to be too much for the brother, he wants out and is going to resign.  The first-named PR (ex-wife/primary beneficiary) is willing to step back in and ask to be appointed.  She's in a much better position now to handle the probate.  No disputes.

The process questions are:

Does this mean she will be an "administrator de bonis non," since she is coming in to handle the assets not yet administered?

Does she petition to be appointed, or do we file a motion asking for the change?

Is advance notice of the hearing needed, since she was named in the decedent's will as PR and the estate is solvent (RCW 11.68.011(2)(a) seems to say no)?

Any other bases we need to cover?

Thanks, oh wise ones, for your anticipated suggestions -

Kate

Kate Szurek, J.D., LL.M. (in Taxation)
kate at skagitlaw.com<mailto:kate at skagitlaw.com>

[SkagitLaw_Signature (2)]
Skagit Law Group, PLLC
P.O. Box 336 / 227 Freeway Drive, Suite B
Mount Vernon, WA  98273
360.419.6855 (direct)
360.336.1000 (office)
360.336.6690 (fax)
http://www.skagitlaw.com<http://www.skagitlaw.com/>


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