Why letters testamentary matter.
A unique document provided to you by a judge that shows your authority to sign on behalf of someone else.
Earlier this spring Spokane with ranked the 10th hottest real estate market in the US, and Coeur d’ Alene was ranked #16. This is definitely a “Seller’s Market”.
With the lack of supply and the increase in purchase prices one may be motivated to list quickly and capture the increased value of the real property. This is especially true when dealing with the home of a loved one who recently passed away. While the intention of quickly going to market may seem like it is in the best interest of the decedent’s estate and potential beneficiaries, it may not be as simple or quick as one would think. Understanding some basic probate or administration roles and responsibilities can smooth out many potential bumps in the road.
Who sells a house on behalf of the decedent?
What are letters testamentary?
Pam has a will putting me in charge, isn’t that enough?
Who can petition the court for letters testamentary?
- The surviving spouse or state registered domestic partner, or such person as he or she may request to have appointed.
- The next of kin in the following order: (a) child or children; (b) father or mother; (c) brothers or sisters; (d) grandchildren; (e) nephews or nieces.
- The trustee named by the decedent in an inter vivos trust instrument, testamentary trustee named in the will, guardian of the person or estate of the decedent, or attorney-in-fact appointed by the decedent.
- One or more of the beneficiaries or transferees of the decedent’s probate or non-probate assets.
- (a) The director of revenue for those estates having property subject to the provisions of RCW 11.08 (b) The secretary of the department of social and health services for those estates owing debts for long-term care services as defined in RCW 74.39A.008.
- One or more of the principal creditors.
- If the persons so entitled shall fail for more than forty days after the death of the decedent to present a petition for Letters of Administration, or there is to the satisfaction of the court no next of kin, as above specified eligible to appointment, or they waive their right, and there are no principal creditor(s), or such creditor(s) waive their right, then the court may appoint a service provider under contract with the office of public guardianship under chapter 2.72 RCW or any suitable person to administer such estate.
How can I be sure probate is necessary?
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