[WSBARP] Personal Representative

Tue Oct 30 10:23:23 PDT 2018

I learned a long time ago that it is usually a very good idea to notice everyone who might under any circumstances be entitled to or interested in notice, and set it for a hearing, and see what happens. Almost always, nothing, and the commissioner is happy to see you gave everyone notice. Sometimes someone shows up, and that works too, because (1) you get a chance to talk to them and maybe explain things that might make their issues go away; or (2) you get an early view of the dispute you are going to have to deal with and so you get an early chance to strategize around it. 

Rob 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilsonhoss.com
rob at hctc.com

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Tuesday, October 30, 2018 10:11 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Personal Representative

Thank you all.  I appreciate this website listserve very much.  Remember the old days?  

Jim Doran

James R. Doran

Attorney at Law

100 E. Pine Street -  Suite 205

Bellingham, WA 98225
(360)393-9506

jim at doranlegal.com

www.doranlegal.com

On Mon, Oct 29, 2018 at 6:03 PM Brandyn Miller <brandyndmiller at comcast.net> wrote:

Good afternoon!

For an Administration in which you want to get your Administrator appointed with NIP, and you don’t have the prior written approval of all heirs, you have to note it up for a hearing on the petition to appoint the Adm and send notices ahead of time to all heirs telling them about the hearing.  You send the NMD, a Notice of the Hearing on the Petition, and the Petition and proposed Order.  If that obstreperous sibling wants to show up to the hearing and object, she/he can.  If nobody shows up and objects, the court will likely grant your petition (barring any oddities).  

This hearing process can also apply even if you are opening a probate and the will names the PR you are trying to appoint, if there are extenuating circumstances (for example when trying to admit a copy of a lost will or trying to admit a marked-up will).

I have only done a few of these (all in King County), so I’m sure others can offer better advice, but I hope this is helpful for starters.

Good luck!

Brandyn D. Miller

Counselor at Law

206-633-4114

 <mailto:brandyndmiller at comcast.net> brandyndmiller at comcast.net                        

221 NW 48th St.                                  

Seattle, WA 98107                                 

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Monday, October 29, 2018 5:20 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Personal Representative

They say "no question is a dumb question" but....

Most of the probates I have done the heirs have agreed upon the appointment of the Personal Representative and I go to get the letters of Administration with signed stipulations for the appointment.

If it is known by my client that there will be objections to his appointment by a obstreperous sibling, what are we obligated to do?  Do we get the PR appointed with a standard Petition and then give the typical notices that gives the objecting heir an opportunity to come to court to object and plead their case?  Is it as simple as that?

Jim Doran

James R. Doran

Attorney at Law

100 E. Pine Street -  Suite 205

Bellingham, WA 98225
(360)393-9506

jim at doranlegal.com

www.doranlegal.com

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