[WSBARP] Personal Representative

Tue Oct 30 11:54:11 PDT 2018

Here you go:

11.68.041. Petition for nonintervention powers--Notice requirements--Exceptions

(1) Advance notice of the hearing on a petition for nonintervention powers referred to in  <https://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000259&cite=WAST11.68.011&originatingDoc=N08F91C80A3E611DAABB2C3422F8B1766&refType=LQ&originationContext=document&transitionType=DocumentItem&contextData=(sc.DocLink)> RCW 11.68.011 is not required in those circumstances in which the court is required to grant nonintervention powers under  <https://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000259&cite=WAST11.68.011&originatingDoc=N08F91C80A3E611DAABB2C3422F8B1766&refType=SP&originationContext=document&transitionType=DocumentItem&contextData=(sc.DocLink)#co_pp_58730000872b1> RCW 11.68.011(2) (a) and (b).

(2) In all other cases, if the petitioner wishes to obtain nonintervention powers, the personal representative shall give notice of the petitioner's intention to apply to the court for nonintervention powers to all heirs, all beneficiaries of a gift under the decedent's will, and all persons who have requested, and who are entitled to, notice under  <https://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000259&cite=WAST11.28.240&originatingDoc=N08F91C80A3E611DAABB2C3422F8B1766&refType=LQ&originationContext=document&transitionType=DocumentItem&contextData=(sc.DocLink)> RCW 11.28.240, except that:

(a) A person is not entitled to notice if the person has, in writing, either waived notice of the hearing or consented to the grant of nonintervention powers; and

(b) An heir who is not also a beneficiary of a gift under a will is not entitled to notice if the will has been probated and the time for contesting the validity of the will has expired.

(3) The notice required by this section must be either personally served or sent by regular mail at least ten days before the date of the hearing, and proof of mailing of the notice must be by affidavit filed in the cause. The notice must contain the decedent's name, the probate cause number, the name and address of the personal representative, and must state in substance as follows:

(a) The personal representative has petitioned the superior court of the state of Washington for ..... county, for the entry of an order granting nonintervention powers and a hearing on that petition will be held on ....., the ..... day of ....., ...., at ..... o'clock, . .M.;

(b) The petition for an order granting nonintervention powers has been filed with the court;

(c) Following the entry by the court of an order granting nonintervention powers, the personal representative is entitled to administer and close the decedent's estate without further court intervention or supervision; and

(d) A person entitled to notice has the right to appear at the time of the hearing on the petition for an order granting nonintervention powers and to object to the granting of nonintervention powers to the personal representative.

(4) If notice is not required, or all persons entitled to notice have either waived notice of the hearing or consented to the entry of an order granting nonintervention powers as provided in this section, the court may hear the petition for an order granting nonintervention powers at any time.

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 11:38 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Personal Representative

This sounds good.

Do the heirs need only certified and regular mail as "notice" or do we have to serve them with process?

Jim

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 Tue, Oct 30, 2018 at 10:25 AM Rob Wilson-Hoss <rob at hctc.com> wrote:

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

This message is intended solely for the use of the addressee and may contain information that is privileged, confidential, and exempt from disclosure under applicable law.  If you are not the addressee, you are hereby notified that any use, distribution, or copying of this message is strictly prohibited.  If you received this message in error, please notify us by reply e-mail or by telephone (call us collect at the number listed above) and immediately delete this message and any and all of its attachments.  Thank you.

This office does debt collection and this e-mail may be an attempt to collect a debt, Any information obtained will be used for that purpose.  To the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692) applies this firm is acting as a debt collector for the condominium/homeowners' association named above to collect a debt owed to it. Any information obtained will be used for collection purposes. You have the right to seek advice of legal counsel.

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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