[WSBARP] Probate question

[Eric Nelsen]

Also, re appointment as PR--in addition to RCW 11.68 which has to do with nonintervention powers, see RCW 11.28, especially .010. The point is, you have to demonstrate to the court that the other co-PR declines/refuses/is unavailable to act.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



From: Eric Nelsen
Sent: Tuesday, October 13, 2015 2:39 PM
To: 'WSBA Real Property Listserv'
Subject: RE: Probate question

Does the Will say that either of them may serve alone if the other declines? If so, then you will need a written "decline to serve" document signed by the co-PR in order to get the other of them appointed as sole PR. It's not really a notice issue, so much as, the sole nominee has no right to be appointed as a sole PR--only as a co-PR, unless the Will provides otherwise.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Hayes Gori
Sent: Tuesday, October 13, 2015 2:10 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Probate question

Hello,

Decedent's Will appoints two people as co-PR's. If one of the appointed people wishes to commence probate independently and get himself appointed as PR, does he have to give notice to the other appointed person? I reviewed RCW 11.68.011 and .041 but the answer is not apparent to me. If no clear answer, then best practice?

Thanks,

Hayes


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