SB 5297 -
By Committee on Judiciary
ADOPTED 03/30/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 11.68.110 and 1998 c 292 s 202 are each amended to
read as follows:
(1) If a personal representative who has acquired nonintervention
powers does not apply to the court for either of the final decrees
provided for in RCW 11.68.100 as now or hereafter amended, the personal
representative shall, when the administration of the estate has been
completed, file a declaration that must state as follows:
(a) The date of the decedent's death and the decedent's residence
at the time of death;
(b) Whether or not the decedent died testate or intestate;
(c) If the decedent died testate, the date of the decedent's last
will and testament and the date of the order probating the will;
(d) That each creditor's claim which was justly due and properly
presented as required by law has been paid or otherwise disposed of by
agreement with the creditor, and that the amount of estate taxes due as
the result of the decedent's death has been determined, settled, and
paid;
(e) That the personal representative has completed the
administration of the decedent's estate without court intervention, and
the estate is ready to be closed;
(f) If the decedent died intestate, the names, addresses (if
known), and relationship of each heir of the decedent, together with
the distributive share of each heir; and
(g) The amount of fees paid or to be paid to each of the following:
(i) Personal representative or representatives; (ii) lawyer or lawyers;
(iii) appraiser or appraisers; and (iv) accountant or accountants; and
that the personal representative believes the fees to be reasonable and
does not intend to obtain court approval of the amount of the fees or
to submit an estate accounting to the court for approval.
(2) Subject to the requirement of notice as provided in this
section, unless an heir, devisee, or legatee of a decedent petitions
the court either for an order requiring the personal representative to
obtain court approval of the amount of fees paid or to be paid to the
personal representative, lawyers, appraisers, or accountants, or for an
order requiring an accounting, or both, within thirty days from the
date of filing a declaration of completion of probate, the personal
representative will be automatically discharged without further order
of the court and the representative's powers will cease thirty days
after the filing of the declaration of completion of probate, and the
declaration of completion of probate shall, at that time, be the
equivalent of the entry of a decree of distribution in accordance with
chapter 11.76 RCW for all legal intents and purposes.
(3) Within five days of the date of the filing of the declaration
of completion, the personal representative or the personal
representative's lawyer shall mail a copy of the declaration of
completion to each heir, legatee, or devisee of the decedent, who: (a)
Has not waived notice of the filing, in writing, filed in the cause;
and (b) either has not received the full amount of the distribution to
which the heir, legatee, or devisee is entitled or has a property right
that might be affected adversely by the discharge of the personal
representative under this section, together with a notice which shall
be substantially as follows:
Sec. 2 RCW 11.68.114 and 1998 c 292 s 203 are each amended to
read as follows:
(1) The personal representative retains the powers to: Deal with
the taxing authority of any federal, state, or local government; hold
a reserve in an amount not to exceed three thousand dollars, for the
determination and payment of any additional taxes, interest, and
penalties, and of all reasonable expenses related directly or
indirectly to such determination or payment; pay from the reserve the
reasonable expenses, including compensation for services rendered or
goods provided by the personal representative or by the personal
representative's employees, independent contractors, and other agents,
in addition to any taxes, interest, or penalties assessed by a taxing
authority; receive and hold any credit, including interest, from any
taxing authority; and distribute the residue of the reserve to the
intended beneficiaries of the reserve; if:
(a) In lieu of the statement set forth in RCW 11.68.110(1)(e), the
declaration of completion of probate states that:
The personal representative has completed the administration of the decedent's estate without court intervention, and the estate is ready to be closed, except for the determination of taxes and of interest and penalties thereon as permitted under this section;
NOTICE IS GIVEN that the attached Declaration of Completion of Probate was filed by the undersigned in the above-entitled court on the . . . day of . . . . , . . . .; unless you file a petition in the above-entitled court requesting the court to approve the reasonableness of the fees, or for an accounting, or both, and serve a copy thereof upon the personal representative or the personal representative's lawyer, and each heir, legatee, and devisee to whom the personal representative sent a copy of this Declaration of Completion of Probate, within thirty days after the date of the filing:
(i) The schedule of fees set forth in the Declaration of Completion of Probate will be deemed reasonable;
(ii) The Declaration of Completion of Probate will be final and deemed the equivalent of a Decree of Distribution entered under chapter 11.76 RCW;
(iii) The acts that the personal representative performed before the Declaration of Completion of Probate was filed will be deemed approved, and the personal representative will be automatically discharged without further order of the court with respect to all such acts; and
(iv) The personal representative will retain the power to deal with the taxing authorities, together with $. . . . for the determination and payment of all remaining tax obligations. Only that portion of the reserve that remains after the settlement of any tax liability, and the payment of any expenses associated with such settlement, will be distributed to the persons legally entitled to the reserve.
Correct the title.
EFFECT: Adds the requirement that the petitioner notify other beneficiaries of a court petition to approve the reasonableness of the fees paid to the personal representative or the accounting of the estate in cases where the estate is ready to be closed, except for the determination of taxes. Restructures the changes made by the bill for clarity.