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<font face="Times New Roman, Times, serif">Colleagues:<br>
<br>
Today I filed a memo asserting that the superior court had no
jurisdiction to set mandatory review hearings after it had granted
nonintervention powers to a PR. That memo, after identifying the
players and the prior order, stated:<br>
<br>
Before the initial hearing that resulted in the order granting
the PR nonintervention powers, the Court clerk’s computer system
entered an Order Setting Case Schedule setting a “Mandatory Court
Review Hearing” for January 8, 2016.<br>
In <i>In re Estate of Jones</i>, 152 Wn.2d 1, 9, 93 P.3d 147
(2004), the Washington State Supreme Court summarized the
well-established law as follows:<br>
“<b>Superior court jurisdiction over nonintervention probate
is statutorily limited.</b> <i>In re Estate of Bobbitt</i>, 60
Wash.App. 630, 632, 806 P.2d 254 (1991). As the court explained in
<i>Coates</i>, once the decedent dies, the personal representative
applies for an order of solvency, and the court has jurisdiction
to grant or deny the order. However, <b>once an order of solvency
is entered the court loses jurisdiction</b>. The court may
regain jurisdiction only if the executor or another person with
statutorily conferred authority invokes jurisdiction. <i>Coates</i>,
55 Wash.2d at 255–56, 347 P.2d 875 (citing <i>In re Estate of
Peabody</i>, 169 Wash. 65, 13 P.2d 431 (1932)).” [Emphasis
added.]<br>
Under Washington state law, as summarized by the state supreme
court in Jones, a superior court loses jurisdiction over a probate
estate upon entering an order of solvency, and regains
jurisdiction only if a person with statutorily conferred authority
invokes jurisdiction. No person with statutory authority has
invoked the Court’s jurisdiction over this Estate. Accordingly,
the Court lacks jurisdiction over this Estate, and any orders that
it enters without jurisdiction are void.<br>
<br>
<br>
Does anybody know of any legal authority (as opposed to policy arguments)
by which superior court can set mandatory review hearings after
having granted nonintervention powers to a PR, considering our
state supreme court's emphatic statement of the law in the Estate
of Jones?<br>
<br>
Thanks for your thoughtful responses. <br>
Doug Schafer<br>
<br>
<br>
<br>
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