[WSBARP] testate nonintervention probate distribution to minor

[David Moe]

A specific court order should not be required with PR having nonintervention powers.
See RCW 11.68.090(1) 
Powers of personal representative under nonintervention will-Scope-Relief from duties, restrictions, liabilities by will.
(1) Any personal representative acting under nonintervention powers may borrow money on the general credit of the estate and may mortgage, encumber, lease, sell, exchange, convey, and otherwise have the same powers, and be subject to the same limitations of liability, that a trustee has under chapters 11.98, 11.100, and 11.102 RCW with regard to the assets of the estate, both real and personal, all without an order of court and without notice, approval, or confirmation, and in all other respects administer and settle the estate of the decedent without intervention of court. Except as otherwise specifically provided in this title or by order of court, a personal representative acting under nonintervention powers may exercise the powers granted to a personal representative under chapter 11.76 RCW but is not obligated to comply with the duties imposed on personal representatives by that chapter. A party to such a transaction and the party's successors in interest are entitled to have it conclusively presumed that the transaction is necessary for the administration of the decedent's estate.


-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Melinda Grout
Sent: Thursday, December 03, 2015 9:52 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] testate nonintervention probate distribution to minor

I have understood that small distributions for minors can be made under 11.76.095 without separate court order.  Either under 11.76.095(1) blocked account, or 11.76.095(3) UTMA account.  Bank wants specific court order to set up account.  Am I mistaken?

Thanks!

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