Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Judiciary Committee

SB 5297

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background:

Washington law provides procedures for the settlement of a deceased person's estate. One of these procedures permits a personal representative of a decedent to petition the court for nonintervention powers. Absent objections or contrary provisions in the decedent's will, the court must grant the personal representative's petition and provide the personal representative with nonintervention powers.

A personal representative in a nonintervention probate can close an estate without seeking a decree from the court. The personal representative must file a declaration of completion of probate and provide notice to the heirs, legatees, or devisees (collectively, beneficiaries) within five days of filing the declaration. Beneficiaries may demand a report from the personal representative at any time before the estate is closed and ask the court to hold the personal representative accountable for fees paid by or to the personal representative. If no beneficiary objects within 30 days of the filing of the declaration of completion, the personal representative is automatically discharged and the declaration of completion has the same effect as a final decree of distribution. The beneficiaries lose their ability to challenge the actions of the personal representative, and all issues relating to the probate become final and cannot be relitigated.

Within 30 days of the filing of the declaration of completion, a beneficiary may petition the court to approve the reasonableness of the fees paid to the personal representative or the accounting of the estate. The beneficiary filing the petition must serve the personal representative or the personal representative's lawyer within 30 days of filing the petition. The personal representative must request the court to set a hearing date and provide notice to the beneficiary petitioning the court of the hearing date.

Summary of Bill:

A beneficiary petitioning the court to approve the reasonableness of the fees paid to the personal representative or the accounting of the estate must serve a copy of the petition upon the beneficiaries to whom the personal representative sent a copy of the declaration of completion. The burden of requesting the court to set a hearing date is shifted to the petitioner.

The petitioner must provide notice of hearing time and place by mail or personal service not less than 10 days before the hearing on the petition. This notice must be provided to the personal representative or personal representative's lawyer, and to the beneficiaries to whom the personal representative provided a copy of the declaration of completion.

If the petitioner files and serves the petition but fails to provide notice of the hearing time and place to the required parties, then the acts of the personal representative will be approved by the court and the personal representative will be automatically discharged as provided in statute.