[WSBAPT] Anyone have any experience with petitioning the court under RCW 11.48.025

Wed Jul 15 17:53:47 PDT 2026

Hello Ronald,

The bank is being difficult and although the order grants non-intervention
powers, they are refusing to work with the PR despite the fact that the
statute grant a PR with non-intervention powers the ability to manage a
business and therefore that business's accounts.   Per RCW 11.68.090(1)(f) "
Except as otherwise provided in this chapter, a personal representative with
nonintervention powers has:. The powers, privileges, and limitations of
liability of a trustee under chapters 11.98
<http://app.leg.wa.gov/RCW/default.aspx?cite=11.98> , 11.100, and 11.102
<http://app.leg.wa.gov/RCW/default.aspx?cite=11.102>  RCW and under the
principles of equity with regard to the assets of the estate, both real and
personal."

Under RCW 11.98.070(21) a trustee has the power to manage any business or
business interest.  The statute states "Manage any business interest,
including any farm or ranch interest, regardless of form, received by the
trustee from the trustor of the trust, as a result of the death of a person,
or by gratuitous transfer from any other transferor, and with respect to the
business interest, have the following powers: ((a) To hold, retain, and
continue to operate that business interest solely at the risk of the trust,
without need to diversify and without liability on the part of the trustee
for any resulting losses."

Thus, it seems clear to me that the PR who has nonintervention powers may
access business accounts on the basis that they "continue to operate that
business" as permitted under RCW 11.68.090(1)(f).  However, the bank does
not seem to agree. 

Any suggestions on helping the representative of the bank see it my way? 

The will does not explicitly use the language or phrase "non-intervention
powers" however the will clearly grants the PR much of the same powers under
RCW 11.68.090.  Moreover, RCW 11.68.011(2) presumes that unless
non-intervention powers are restricted, limited, or forbidden, then upon a
showing of solvency and that the named personal representative is applying
for the role of Personal Representative, the court will grant
non-intervention powers.  I therefore belief it is fair to interpret
"nonintervention will" using  RCW 11.68.011(2) as any will that does not
limit or forbid non-intervention powers is a "nonintervention wills".  That
said, all a nonintervention will does is remove the need to demonstrate that
operating the business constitutes an "advantage to the estate" which
appears to be a relatively low bar.  Any basic recitation of the facts
within the petition will allow the court to conclude within the findings of
facts that ordering the PR to continue to operate the business and access
the business accounts constitutes an "advantage to the estate." 

Again, any assistance in sharing a petition and proposed order would be
appreciated.

Thanks!

'

Kind Regards,

Michael S. Safren, Esq.
Attorney at Law

<https://urldefense.com/v3/__https:/www.google.com/maps/search/14900*Interur
ban*Ave.*S.,*Ste.*280**A7C*Seattle,*WA*98168?entry=gmail&source=g__;KysrKysr
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wTPWZtK0BpxRGTVT-Tchh_w$> 14900 Interurban Ave. S., Ste. 280 | Seattle, WA
98168

<https://urldefense.com/v3/__https:/www.google.com/maps/search/11900*NE*1st*
St.,*Bldg.*G*-*Ste.*300?entry=gmail&source=g__;KysrKysrKys!!OrbN!Xw2ZhNS4nPy
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> 11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Ronald St. Hilaire
Sent: Wednesday, July 15, 2026 4:26 PM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Anyone have any experience with petitioning the court
under RCW 11.48.025

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.  

  _____  

Ronald F. St. Hilaire  Certified Elder Law Attorney

Liebler & St. Hilaire, P.S.

P.O. Box 6125 | Kennewick, WA  99336

602 N. Colorado St., Suite 124 | Kennewick, WA  99336

(509) 735-3581 office | (509) 735-3585 fax

 <mailto:rfs at licbs.com> rfs at licbs.com |  <http://www.kennewick.law/>
www.kennewick.law 

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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
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of
msafren at jennylinglaw.com <mailto:msafren at jennylinglaw.com> 
Sent: Wednesday, July 15, 2026 11:08 AM
To: wsbapt at lists.wsbarppt.com <mailto: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."  

2.	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

<https://urldefense.com/v3/__https:/www.google.com/maps/search/14900*Interur
ban*Ave.*S.,*Ste.*280**A7C*Seattle,*WA*98168?entry=gmail&source=g__;KysrKysr
JSsrKw!!OrbN!Xw2ZhNS4nPycsjIaris22lUeChXKqfGddLln40DMumHRlXB3zTI2vTsmQtFW1uK
wTPWZtK0BpxRGTVT-Tchh_w$> 14900 Interurban Ave. S., Ste. 280 | Seattle, WA
98168

<https://urldefense.com/v3/__https:/www.google.com/maps/search/11900*NE*1st*
St.,*Bldg.*G*-*Ste.*300?entry=gmail&source=g__;KysrKysrKys!!OrbN!Xw2ZhNS4nPy
csjIaris22lUeChXKqfGddLln40DMumHRlXB3zTI2vTsmQtFW1uKwTPWZtK0BpxRGTVQQAikw2A$
> 11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com
www.jennylinglaw.com | facebook.com/jennylinglaw/

This communication, including attachments, may contain information that is
confidential and protected by the attorney/client or other privileges. It
constitutes non-public information intended to be conveyed only to the
designated recipient(s). If the reader or recipient of this communication is
not the intended recipient, an employee or agent of the intended recipient
who is responsible for delivering it to the intended recipient, or you
believe that you have received this communication in error, please notify
the sender immediately by return e-mail and promptly delete this e-mail,
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