[WSBAPT] Anyone have any experience with petitioning the court under RCW 11.48.025
Ronald St. Hilaire
rfs at licbs.com
Wed Jul 15 16:25:33 PDT 2026
My first thought was that if you have nonintervention powers that you do not need a court order to continue the business of the deceased.
Does not the statute state that if the decedent left a nonintervention will and the estate is solvent that this section does not apply? Meaning that you do not need a court order to continue the business of the deceased?
You say PR has nonintervention powers, but you did not specify that the will conferred such powers. Do you have a nonintervention will?
Also note that RCW 11.68.090 lists off several sections of RCW 11.48 that a will may not limit the effect of, but does not list RCW 11.48.025, which would indicate that a nonintervention will can limit the effect of 11.48.025.
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Ronald F. St. Hilaire Certified Elder Law Attorney
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Certification as Elder Law Attorney by the National Elder Law Foundation. The Supreme Court of Washington does not recognize certification of specialties in the practice of law. Certification is not required to practice law in the State of Washington.
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of msafren at jennylinglaw.com
Sent: Wednesday, July 15, 2026 11:08 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Anyone have any experience with petitioning the court under RCW 11.48.025
Hello Fellow Listservers,
I may need to petition the court to allow the Personal Representative to continue a single member LLC under RCW 11.48.025. The PR has non-intervention powers and is solvent.
As I've never had to do this before, I had some quick questions,
1. I believe that the statute does not first require a show cause hearing and that only after granting the order may an interested party seek to contest or limit the order granting the authority to manage the business. Is this correct or is a show cause hearing first required? The statute states "Any interested person may for good cause require the personal representative to show cause why the authority granted him or her should not be limited or terminated. The order to show cause shall set forth the manner of service thereof and the time and place of hearing thereon."
1. Does anyone have a sample or template or past petition and order that they can share with me? I'd prefer not to re-invent the wheel and simply substitute in the relevant parts such as the name of business, the length of time for operation, etc.
Thanks in advance!
Kind Regards,
Michael S. Safren, Esq.
Attorney at Law
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