[WSBAPT] WSBAPT Digest, Vol 142, Issue 14 - WSBA List Serve Query (Terry Gobel)
Terry Gobel
TerryGobel at attorneyinspokane.com
Fri Jul 17 12:44:23 PDT 2026
Judge Dibble in Spokane Co. Sup. Court. TDG
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Subject: WSBAPT Digest, Vol 142, Issue 14
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Today's Topics:
1. Re: Anyone have any experience with petitioning the court
under RCW 11.48.025 (Nick Pleasants)
2. WSBA List Serve Query (Terry Gobel)
3. Re: WSBA List Serve Query (Diane Kiepe)
4. Re: Anyone have any experience with petitioning the court
under RCW 11.48.025 (Joshua McKarcher)
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Message: 1
Date: Thu, 16 Jul 2026 20:24:04 +0000
From: Nick Pleasants <npleasants at ohswlaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Anyone have any experience with petitioning the
court under RCW 11.48.025
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Michael,
I want to step in and defend the bank here. Business accounts are not personal accounts, and the executor does not automatically have a right to be a signer on the business account. While the probate court has given the executor authority to manage the business, now she actually needs to do that. Usually that just means papering the file. Here are some next steps for you:
1. Is there an operating agreement? That may address the succession plan. A successor in the operating agreement would supersede the authority of the executor, much like a beneficiary designation supersedes a Will.
2. If no operating agreement, then the executor needs to take steps to appoint herself as the manager of the LLC. Typically I would do the following:
* Minutes of a Special Meeting of the LLC whereby she elects herself as the manager.
* Updated annual report with the Secretary of State where she appoints a Registered Agent and designates herself the Governor.
* Banking Resolution whereby she appoints herself as the Agent to transact banking and tax matters on behalf of the LLC.
3. Then take all 3 of the above documents to a meeting with the banker and request the bank to add her as a signer based on the foregoing.
This usually does the trick without any formal court involvement. Let me know if you have any questions. I do lots of business succession for deceased owners.
Best,
Nick
Nicholas Pleasants | Shareholder
[OseranHahnAttyatLaw 8]
11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
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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 5:54 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Anyone have any experience with petitioning the court under RCW 11.48.025
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<https://urldefense.proofpoint.com/v2/url?u=http-3A__app.leg.wa.gov_RCW_default.aspx-3Fcite-3D11.98&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-GmOVePHrMxpHDsqhlpu0IV7jy1tkCWDKAKJmc3TDcg&m=mHVPTK56G7SC0oLdx4lZJD66Xh6wVDE4NpsuKoPbOejdfYw3GE9hB8oKsOHtQ9uF&s=71lgfWM5VmpFYftadg6ZRq28ufwyiOpENmR-7PvpJhA&e=>, 11.100, and 11.102<https://urldefense.proofpoint.com/v2/url?u=http-3A__app.leg.wa.gov_RCW_default.aspx-3Fcite-3D11.102&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-GmOVePHrMxpH
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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 busin
ess 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
14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168<https://urldefense.proofpoint.com/v2/url?u=https-3A__urldefense.com_v3_-5F-5Fhttps-3A_www.google.com_maps_search_14900-2AInterurban-2AAve.-2AS.-2C-2ASte.-2A280-2A-2AA7C-2ASeattle-2C-2AWA-2A98168-3Fentry-3Dgmail-26source-3Dg-5F-5F-3BKysrKysrJSsrKw-21-21OrbN-21Xw2ZhNS4nPycsjIaris22lUeChXKqfGddLln40DMumHRlXB3zTI2vTsmQtFW1uKwTPWZtK0BpxRGTVT-2DTchh-5Fw-24&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-GmOVePHrMxpHDsqhlpu0IV7jy1tkCWDKAKJmc3TDcg&m=mHVPTK56G7SC0oLdx4lZJD66Xh6wVDE4NpsuKoPbOejdfYw3GE9hB8oKsOHtQ9uF&s=9dcoHXDuViWT6pEcSz7hx9tU77Chj2H8F-GZ6EwE568&e=>
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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 Ronald St. Hilaire
Sent: Wednesday, July 15, 2026 4:26 PM
To: wsbapt at lists.wsbarppt.com<mailto: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
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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."
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
14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168<https://urldefense.proofpoint.com/v2/url?u=https-3A__urldefense.com_v3_-5F-5Fhttps-3A_www.google.com_maps_search_14900-2AInterurban-2AAve.-2AS.-2C-2ASte.-2A280-2A-2AA7C-2ASeattle-2C-2AWA-2A98168-3Fentry-3Dgmail-26source-3Dg-5F-5F-3BKysrKysrJSsrKw-21-21OrbN-21Xw2ZhNS4nPycsjIaris22lUeChXKqfGddLln40DMumHRlXB3zTI2vTsmQtFW1uKwTPWZtK0BpxRGTVT-2DTchh-5Fw-24&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-GmOVePHrMxpHDsqhlpu0IV7jy1tkCWDKAKJmc3TDcg&m=mHVPTK56G7SC0oLdx4lZJD66Xh6wVDE4NpsuKoPbOejdfYw3GE9hB8oKsOHtQ9uF&s=9dcoHXDuViWT6pEcSz7hx9tU77Chj2H8F-GZ6EwE568&e=>
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Message: 2
Date: Thu, 16 Jul 2026 22:18:07 +0000
From: Terry Gobel <TerryGobel at attorneyinspokane.com>
To: "wsbapt at lists.wsbarppt.com" <wsbapt at lists.wsbarppt.com>
Cc: Mary Moineau <MaryMoineau at attorneyinspokane.com>
Subject: [WSBAPT] WSBA List Serve Query
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Hi Everyone - I represent the surviving 84 year-old widow in a current probate case objecting to her step-daughter's petition to commence probate brought 16 years after Decedent passed away. Petitioner alleges a previously unknown Last Will & Testament apparently executed in town over two hours away. There is a letter purporting to admit that the Decedent admitted his wife didn't know about the Will's existence and the original was apparently kept in a safe deposit box which has never been located. The original is claimed to have been lost. The petitioning step-daughter filed two lis pendens notices on the widow's real properties at the time she filed the petition to have herself appointed as PR. The copy of the purportedly lost Will runs contrary to a valid Community Property Agreement, which was recorded back in 2010. The CPA states that any surviving spouse will take title to all of the community property "in fee simple" on death of the first spouse. The record is full of proof th
at wife knew nothing of this newly appearing lost Will copy. Most important, there is no evidence she ever acted inconsistent with the CPA, nor knew of her late husband doing anything inconsistent with their CPA.
This action by petition comes 16 years after Decedent's passing. I represent the widow, who filed a motion objecting to the bogus Will, asking the Court to recognize the CPA, deny the petition to commence probate cancel the lis pendens notices, which blocked sale of one of widow's real properties which was about to close. There was a hearing set on my motion for tomorrow. However, earlier this afternoon, I got notice from the JA that our Judge unilaterally struck our hearing for tomorrow (which was properly noted and on the docket), denied the widow's request for relief and granted the daughter's petition without any statement regarding why she did this without allowing a record to be made at hearing. I briefed the heck out of this case in the widow's pleadings and her affidavits fully document her case and contravene petitioner step-daughter's case.
I need a referral for a skilled appellate attorney with experience in probate and real estate to engage for setting the widow's case up for an appeal. I need the referral, so we can move quickly to have appellate counsel engaged and determine whether a motion for reconsideration should be filed in 10 days and/or filing the notice of appeal in 30 days. In addition to the appellate attorney referral, any other ideas and recommendations would be appreciated.
Very truly yours,
Terry D. Gobel, J.D.
Gobel Law Office, PLLC
421 W. Riverside Avenue, Suite 908
Spokane, Washington 99201
(509) 624-4102
624-4115 (fax)
http://www.attorneyinspokane.com/<http://www.attorneyinspokane.com/>
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Message: 3
Date: Thu, 16 Jul 2026 18:32:36 -0500
From: Diane Kiepe <diane at kiepelaw.com>
To: "WSBA Probate & Trust Listserv" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] WSBA List Serve Query
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Terry
Can you tell me which Judge this was? I?ve had a similar experience
Diane Kiepe
Kiepe Estate and Probate, PLLC
diane at kiepelaw.com
200 N. Mullan Rd., Suite 203
Spokane Valley, WA 99206
509-808-2087
Confidentiality Notice: This page and any accompanying documents contain
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On Thu, Jul 16, 2026 at 5:18?PM Terry Gobel <
TerryGobel at attorneyinspokane.com> wrote:
> Hi Everyone - I represent the surviving 84 year-old widow in a current
> probate case objecting to her step-daughter?s petition to commence probate
> brought 16 years after Decedent passed away. Petitioner alleges a
> previously unknown Last Will & Testament apparently executed in town over
> two hours away. There is a letter purporting to admit that the Decedent
> admitted his wife didn?t know about the Will?s existence and the original
> was apparently kept in a safe deposit box which has never been located. The
> original is claimed to have been lost. The petitioning step-daughter filed
> two lis pendens notices on the widow?s real properties at the time she
> filed the petition to have herself appointed as PR. The copy of the
> purportedly lost Will runs contrary to a valid Community Property
> Agreement, which was recorded back in 2010. The CPA states that any
> surviving spouse will take title to all of the community property ?in fee
> simple? on death of the first spouse. The record is full of proof that wife
> knew nothing of this newly appearing lost Will copy. Most important, there
> is no evidence she ever acted inconsistent with the CPA, nor knew of her
> late husband doing anything inconsistent with their CPA.
>
>
>
> This action by petition comes 16 years after Decedent?s passing. I
> represent the widow, who filed a motion objecting to the bogus Will, asking
> the Court to recognize the CPA, deny the petition to commence probate
> cancel the lis pendens notices, which blocked sale of one of widow?s real
> properties which was about to close. There was a hearing set on my motion
> for tomorrow. However, earlier this afternoon, I got notice from the JA
> that our Judge unilaterally struck our hearing for tomorrow (which was
> properly noted and on the docket), denied the widow?s request for relief
> and granted the daughter?s petition without any statement regarding why she
> did this without allowing a record to be made at hearing. I briefed the
> heck out of this case in the widow?s pleadings and her affidavits fully
> document her case and contravene petitioner step-daughter?s case.
>
>
>
> I need a referral for a skilled appellate attorney with experience in
> probate and real estate to engage for setting the widow?s case up for an
> appeal. I need the referral, so we can move quickly to have appellate
> <https://www.google.com/maps/search/421+W.+Riverside+Avenue,+Suite+908+%0D%0A+Spokane,+Washington+99201?entry=gmail&source=g>
> counsel engaged and determine whether a motion for reconsideration should
> be filed in 10 days and/or filing the notice of appeal in 30 days. In
> addition to the appellate attorney referral, any other ideas and
> recommendations would be appreciated.
>
> Very truly yours,
>
> Terry D. Gobel, J.D.
>
> Gobel Law Office, PLLC
>
> 421 W. Riverside Avenue, Suite 908
> <https://www.google.com/maps/search/421+W.+Riverside+Avenue,+Suite+908+%0D%0A+Spokane,+Washington+99201?entry=gmail&source=g>
>
> Spokane, Washington 99201
> <https://www.google.com/maps/search/421+W.+Riverside+Avenue,+Suite+908+%0D%0A+Spokane,+Washington+99201?entry=gmail&source=g>
>
> (509) 624-4102
>
> 624-4115 (fax)
>
> http://www.attorneyinspokane.com/
>
>
>
> This email and any files transmitted with it are confidential and intended
> solely for the use of the individual or entity to whom they are addressed.
> If you have received this email in error please notify the system manager.
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Message: 4
Date: Fri, 17 Jul 2026 01:21:53 +0000
From: Joshua McKarcher <josh at mckarcherlaw.com>
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Anyone have any experience with petitioning the
court under RCW 11.48.025
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Aha!! Nick, I am glad you wrote this email. In my brain, these steps were presumably already taken and the bank rejected these kinds of documents.
But you make clear why we lawyers should never assume anything and connect each dot and let a word like "manage" mean only what it says.
Reading the chain I was thinking how on earth could this be a problem? But I just assumed the PR in this case would've taken the actions you are describing, which seemed perfectly reasonable for the bank to request.
What is more almost humorous to me is that I have given up drafting some of these things in the first instance, because many banks will say, when handed letters testamentary with the sole member's name showing in the caption, "Aha! Yes! We want you to fill out our version of those forms!" (Often enough, their blank versions of those are unobjectionable and get the job done.)
Or even a bank will go so far as to respond to Letters Testamentary for a sole member as to say, "Would you like to just close out the account, and would you like that in 10s or 20s?"
It really is amazing how many different pathways there can be to a resolution that seems as though it should be straightforward from the beginning, but just plain is not always "able to be so."
What an excellent thread to remind about and revisit non-intervention wills and powers, the game-changing cross-referencing of statutes required to use our intractable probate code, and the meaning of the word manage!
Happy Friday tomorrow, everyone! Best, Josh
Joshua McKarcher
Attorney, Owner
McKarcher Law PLLC
o: (509) 758-3345
josh at mckarcherlaw.com<mailto:josh at mckarcherlaw.com>
[signatureImage]
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Nick Pleasants <npleasants at ohswlaw.com>
Sent: Thursday, 16 July 2026 13:24:04
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Anyone have any experience with petitioning the court under RCW 11.48.025
Michael,
I want to step in and defend the bank here. Business accounts are not personal accounts, and the executor does not automatically have a right to be a signer on the business account. While the probate court has given the executor authority to manage the business, now she actually needs to do that. Usually that just means papering the file. Here are some next steps for you:
1. Is there an operating agreement? That may address the succession plan. A successor in the operating agreement would supersede the authority of the executor, much like a beneficiary designation supersedes a Will.
2. If no operating agreement, then the executor needs to take steps to appoint herself as the manager of the LLC. Typically I would do the following:
* Minutes of a Special Meeting of the LLC whereby she elects herself as the manager.
* Updated annual report with the Secretary of State where she appoints a Registered Agent and designates herself the Governor.
* Banking Resolution whereby she appoints herself as the Agent to transact banking and tax matters on behalf of the LLC.
3. Then take all 3 of the above documents to a meeting with the banker and request the bank to add her as a signer based on the foregoing.
This usually does the trick without any formal court involvement. Let me know if you have any questions. I do lots of business succession for deceased owners.
Best,
Nick
Nicholas Pleasants | Shareholder
[OseranHahnAttyatLaw 8]
11225 SE 6th Street | Suite 100 | Bellevue, WA 98004
Main: (425) 455-3900 | Fax: (425) 455-9201 | E-mail: npleasants at ohswlaw.com<mailto:npleasants at ohswlaw.com>
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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 5:54 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Anyone have any experience with petitioning the court under RCW 11.48.025
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<https://urldefense.proofpoint.com/v2/url?u=http-3A__app.leg.wa.gov_RCW_default.aspx-3Fcite-3D11.98&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-GmOVePHrMxpHDsqhlpu0IV7jy1tkCWDKAKJmc3TDcg&m=mHVPTK56G7SC0oLdx4lZJD66Xh6wVDE4NpsuKoPbOejdfYw3GE9hB8oKsOHtQ9uF&s=71lgfWM5VmpFYftadg6ZRq28ufwyiOpENmR-7PvpJhA&e=>, 11.100, and 11.102<https://urldefense.proofpoint.com/v2/url?u=http-3A__app.leg.wa.gov_RCW_default.aspx-3Fcite-3D11.102&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-GmOVePHrMxpHDs
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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 busin
ess 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
14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168<https://urldefense.proofpoint.com/v2/url?u=https-3A__urldefense.com_v3_-5F-5Fhttps-3A_www.google.com_maps_search_14900-2AInterurban-2AAve.-2AS.-2C-2ASte.-2A280-2A-2AA7C-2ASeattle-2C-2AWA-2A98168-3Fentry-3Dgmail-26source-3Dg-5F-5F-3BKysrKysrJSsrKw-21-21OrbN-21Xw2ZhNS4nPycsjIaris22lUeChXKqfGddLln40DMumHRlXB3zTI2vTsmQtFW1uKwTPWZtK0BpxRGTVT-2DTchh-5Fw-24&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-GmOVePHrMxpHDsqhlpu0IV7jy1tkCWDKAKJmc3TDcg&m=mHVPTK56G7SC0oLdx4lZJD66Xh6wVDE4NpsuKoPbOejdfYw3GE9hB8oKsOHtQ9uF&s=9dcoHXDuViWT6pEcSz7hx9tU77Chj2H8F-GZ6EwE568&e=>
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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 Ronald St. Hilaire
Sent: Wednesday, July 15, 2026 4:26 PM
To: wsbapt at lists.wsbarppt.com<mailto: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
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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.?
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
14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168<https://urldefense.proofpoint.com/v2/url?u=https-3A__urldefense.com_v3_-5F-5Fhttps-3A_www.google.com_maps_search_14900-2AInterurban-2AAve.-2AS.-2C-2ASte.-2A280-2A-2AA7C-2ASeattle-2C-2AWA-2A98168-3Fentry-3Dgmail-26source-3Dg-5F-5F-3BKysrKysrJSsrKw-21-21OrbN-21Xw2ZhNS4nPycsjIaris22lUeChXKqfGddLln40DMumHRlXB3zTI2vTsmQtFW1uKwTPWZtK0BpxRGTVT-2DTchh-5Fw-24&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=-GmOVePHrMxpHDsqhlpu0IV7jy1tkCWDKAKJmc3TDcg&m=mHVPTK56G7SC0oLdx4lZJD66Xh6wVDE4NpsuKoPbOejdfYw3GE9hB8oKsOHtQ9uF&s=9dcoHXDuViWT6pEcSz7hx9tU77Chj2H8F-GZ6EwE568&e=>
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