11.80.130 - Summary procedure without full trustee proceeding -- When permitted -- Application for order -- Form.

Summary procedure without full trustee proceeding — When permitted — Application for order — Form.

(1) If the spouse or domestic partner of any absentee owner, or his or her next of kin, if said absentee has no spouse or domestic partner, shall wish to sell or transfer any property of the absentee which has a gross value of less than five thousand dollars, or shall require the consent of the absentee in any matter regarding the absentee's children, or any other matter in which the gross value of the subject matter is less than five thousand dollars, such spouse or such domestic partner or next of kin may apply to the superior court for an order authorizing said sale, transfer, or consent without opening a full trustee proceeding as provided in this chapter. The applicant may make the application without the assistance of an attorney. Said application shall be made by petition on the following form, which form shall be made readily available to the applicant by the clerk of the superior court.


IN THE SUPERIOR COURT

OF THE STATE OF WASHINGTON IN AND FOR

THE COUNTY OF . . . . . .
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| Plaintiff, vs. No. . . . . . . . . . . . . . . . . , PETITION FOR Defendant. SUMMARY . . . . . . . . . . . . RELIEF
     Petitioner, . . . . . . , whose residence is . . . . . . . . . , and . . . . . . . . . , Washington, and who is the . . . . . . of the absentee, . . . . . . , states that the absentee has been . . . . . . . . . since . . . . . . , when . . . . . . . . . Petitioner desires to sell/transfer . . . . . . of the value of . . . . . . , because . . . . . . . . . The terms of the sale/transfer are . . . . . . . . . Petitioner requires the consent of the absentee for the purpose of . . . . . . . . .
. . . . . . . . . . . . Petitioner
(Affidavit of Acknowledgment)
     (2) The court may, without notice, enter an order on said petition if it deems the relief requested in said petition necessary to protect the best interests of the absentee or his or her dependents.

     (3) Such order shall be prima facie evidence of the validity of the proceedings and the authority of the petitioner to make a conveyance or transfer of the property or to give the absentee's consent in any manner described by subsection (1) of this section.

[2008 c 6 § 926; 1972 ex.s. c 83 § 3.]

Notes: Part headings not law -- Severability -- 2008 c 6: See RCW 26.60.900 and 26.60.901.