S-795                 _______________________________________________

                                                   SENATE BILL NO. 5680

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Moore, Nelson, Newhouse, Bottiger and Pullen

Read first time 2/6/87 and referred to Committee on Judiciary.

AN ACT Relating to personal representatives; and amending RCW 11.36.010.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 11.36.010, chapter 145, Laws of 1965 as last amended by section 1, chapter 51, Laws of 1983 and RCW 11.36.010 are each amended to read as follows:

          The following persons are not qualified to act as personal representatives:  Corporations, minors, persons of unsound mind, or persons who have been convicted of any felony or of a misdemeanor involving moral turpitude:  PROVIDED, That trust companies regularly organized under the laws of this state and national banks when authorized so to do may act as the personal representative of decedents' or incompetents' estates upon petition of any person having a right to such appointment and may act as executors or guardians when so appointed by will:  PROVIDED FURTHER,  That professional service corporations regularly organized under the laws of this state whose shareholder or shareholders are exclusively attorneys may act as personal representatives:  PROVIDED FURTHER, That the court can, in its discretion, allow a person who has been convicted of a felony or a misdemeanor involving moral turpitude to qualify and act as a personal representative if the court finds (1) that the decedent specifically named such person in his or her will or codicil to serve as personal representative, (2) that the decedent knew at the time of the execution of the decedent's will or codicil that such person had been previously convicted of a felony or of a misdemeanor involving moral turpitude and had completed his or her criminal sentence requirements, and (3) that there is no additional reason for disqualification of the named individual as personal representative. No trust company or national bank may qualify as such executor or guardian under any will hereafter drawn by it or its agents or employees, and no salaried attorney of any such company may be allowed any attorney fee for probating any such will or in relation to the administration or settlement of any such estate, and no part of any attorney fee may inure, directly or indirectly, to the benefit of any trust company or national bank.  When any person to whom letters testamentary or of administration have been issued becomes disqualified to act because of becoming of unsound mind or being convicted of any crime or misdemeanor involving moral turpitude, the court having jurisdiction shall revoke his or her letters.  A nonresident may be appointed to act as personal representative if the nonresident appoints an agent who is a resident of the county where such estate is being probated or who is an attorney of record of the estate, upon whom service of all papers may be made; such appointment to be made in writing and filed by the clerk with other papers of such estate; and, unless bond has been waived as provided by RCW  11.28.185, such nonresident personal representative shall file a bond to be approved by the court.