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Maverick
Maverick, Attorney
Category: Estate Law
Satisfied Customers: 6422
Experience:  20 yrs of professional experience.
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I need to petition the court to assign a new personal

Customer Question

I need to petition the court to assign a new personal representative in my mother's estate. My sister was the personal representative but passed away before all of the personal property was transferred into the heirs' names. Is there a template I can use to complete the petition? Also, I need to send letters of notification to the heirs notifying them that the court is going to be petitioned to assign a new personal rep. Is there a template for such a letter.
Thanks
Submitted: 1 year ago.
Category: Estate Law
Expert:  Maverick replied 1 year ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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Expert:  Maverick replied 1 year ago.

I have the three forms that you will need but they are in Word format. Did you want to send me your email address? If you do not want your email address made public, then you can send me an request for premium service and add a minimum of $5.00 and there should be a place to input your email so it is kept private.

Customer: replied 1 year ago.
You can mail the forms to my email address.***@******.***
Expert:  Maverick replied 1 year ago.

Okay, please let me know on this thread when you receive them [hopefully within the next 5 minutes]...

Customer: replied 1 year ago.
I will let you know, but I have not yet received them.
Expert:  Maverick replied 1 year ago.

I just sent them...

Customer: replied 1 year ago.
Great! Thanks, ***** ***** the forms. I think that I have what I need, but will know for sure once I read through them all. Alice
Customer: replied 1 year ago.
If I have questions when filling them out, do I just respond here and you will answer, or is there another way that I contact you in the next day or two when I have time to fill them out?Thanks again,
Alice
Expert:  Maverick replied 1 year ago.

Your welcome...

Customer: replied 1 year ago.
What do I do with the CITATION re REPLACING PERSONAL REPRESENTATIVE. It looks like something the court would issue to me.
Expert:  Maverick replied 1 year ago.

You may want to fill out your name as the petitioner and send a copy of that form in along with your petition so the clerk can make copies and send that out to everyone involved.

Customer: replied 1 year ago.
I think I understand. I send that form, with the correct info, to the other heirs so that they can protest to the court if they take issue with the new personal representative, correct? So that means that I need to have the court date prior to sending out notification. And the court wants them to be notified 17 days prior to the court date. Does that all sound correct.
Customer: replied 1 year ago.
I sent the last message before reading your last answer. I think I understand. I fill out the forms, take them to the superior court county clerk, they will send them out to the necessary people and will then give me a court date.
Expert:  Maverick replied 1 year ago.

Actually, you send that in and it appears they will fill out one or more copies and send them back to you so that you can mail them out to the necessary people and once you have done that you file the declaration of mailing with the court. According to the law below the court has full discretion to set the hearing date and the notice period.

RCW 11.28.250

Revocation of letters—Causes.

Whenever the court has reason to believe that any personal representative has wasted, embezzled, or mismanaged, or is about to waste, or embezzle the property of the estate committed to his or her charge, or has committed, or is about to commit a fraud upon the estate, or is incompetent to act, or is permanently removed from the state, or has wrongfully neglected the estate, or has neglected to perform any acts as such personal representative, or for any other cause or reason which to the court appears necessary, it shall have power and authority, after notice and hearing to revoke such letters. The manner of the notice and of the service of the same and of the time of hearing shall be wholly in the discretion of the court, and if the court for any such reasons revokes such letters the powers of such personal representative shall at once cease, and it shall be the duty of the court to immediately appoint some other personal representative, as in this title provided.

Customer: replied 1 year ago.
Got it! Thanks, ***** ***** I have enough info to take care of this.
Expert:  Maverick replied 1 year ago.

Your welcome.

Customer: replied 1 year ago.
After reviewing the document you sent, the Petition-Citation-Replacement, I realized that it does not fit our situation at all. My question was how to assign a personal representative when the original one passes away. There was no wrongful acts, the person we want to appoint is not a beneficiary, and was not named as an alternate personal representative in the decedent's will. Can we change the words concerning the wrongful acts, to the original representative passed away? And what the other two issues? Can we appoint someone who is NOT a beneficiary? And what do we do if the person is not named as an alternate? Are these statements needed? So I thought I had what I needed, but I guess I did not.
Expert:  Maverick replied 1 year ago.

As per my emailed response to you, there is not going to be a form to fit every situation. This is why I stated to you that you will need to modify the forms to fit your needs. The process is still the same. The law I cited for you states:

Whenever the court has reason to believe that any personal representative has wasted, embezzled, or mismanaged, or is about to waste, or embezzle the property of the estate committed to his or her charge, or has committed, or is about to commit a fraud upon the estate, or is incompetent to act, or is permanently removed from the state, or has wrongfully neglected the estate, or has neglected to perform any acts as such personal representative, or for any other cause or reason which to the court appears necessary...

NOW, under the law below, any heir, devisee, legatee may file the petition.

RCW 11.68.070

Procedure when personal representative recreant to trust or subject to removal.

If any personal representative who has been granted nonintervention powers fails to execute his or her trust faithfully or is subject to removal for any reason specified in RCW 11.28.250 as now or hereafter amended, upon petition of any unpaid creditor of the estate who has filed a claim or any heir, devisee, legatee, or of any person on behalf of any incompetent heir, devisee, or legatee, such petition being supported by affidavit which makes a prima facie showing of cause for removal or restriction of powers, the court shall cite such personal representative to appear before it, and if, upon hearing of the petition it appears that said personal representative has not faithfully discharged said trust or is subject to removal for any reason specified in RCW 11.28.250 as now or hereafter amended, then, in the discretion of the court the powers of the personal representative may be restricted or the personal representative may be removed and a successor appointed. In the event the court shall restrict the powers of the personal representative in any manner, it shall endorse the words "Powers restricted" upon the original order of solvency together with the date of said endorsement, and in all such cases the cost of the citation, hearing, and reasonable attorney's fees may be awarded as the court determines.