Harder v. Harder

341 P.3d 342, 185 Wash. App. 378
CourtCourt of Appeals of Washington
DecidedJanuary 6, 2015
DocketNo. 45098-4-II
StatusPublished
Cited by13 cases

This text of 341 P.3d 342 (Harder v. Harder) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harder v. Harder, 341 P.3d 342, 185 Wash. App. 378 (Wash. Ct. App. 2015).

Opinion

¶1 — Christopher (Chris) and David Harder,1 two of four heirs2 of the estate of Michael K. Harder, appeal the superior court’s finding that it lacked jurisdiction to hear the issue of the reasonableness of the personal representative Phillip Harder’s fees in the settlement of their father’s estate because none of the heirs properly invoked the superior court’s jurisdiction within the required time limit. Chris and David argue that their notice to mediate was the equivalent of a petition for accounting under the probate statute, RCW 11.68.110. We affirm.

Sutton, J.

[381]*381FACTS

¶2 Michael K. Harder died testate on November 28, 2007. His nonintervention will left his estate to his four children, Michael J., Janet, David, and Chris, and named his brother, Phillip, personal representative of his estate. The superior court ordered that the estate was solvent and would be administered without court intervention. On August 13, 2012, Phillip filed a declaration of completion of probate, listing his personal representative fees. On the same day, he also provided notice to the heirs. This notice informed the heirs that unless one of them petitioned the superior court under RCW 11.68.110 to “approve the reasonableness of the fees, or for an accounting” within 30 days of the filing, Phillip’s fees would be deemed reasonable and the declaration would be the equivalent of a final decree of distribution of the estate.3 Clerk’s Papers (CP) at 34. No heir filed a petition within 30 days of August 13, 2012.

¶3 On September 12, 2012, Janet filed a “Notice of Mediation” in the matter of her father’s estate, requesting that Phillip’s fees be resolved by mediation under RCW 11.96A.300.4 CP at 4. The notice did not petition or otherwise ask the superior court to take any action. The notice listed Janet’s two choices for mediator, but it did not notify [382]*382Phillip of the process to nominate his own proposed mediators or how to object to mediation. The superior court took no action on this notice.5

¶4 Six months later, all four heirs filed a notice of arbitration as to Phillip’s fees, citing RCW 11.96A.310, but again they did not ask the superior court to take any action. Phillip objected to arbitration, arguing the superior court had no jurisdiction to hear the heirs’ argument about the reasonableness of his fees because the heirs did not file a petition within 30 days of the date he notified them that probate had been completed. At the hearing on Phillip’s objection to the arbitration, the superior court ruled that it lacked jurisdiction over the issue of the reasonableness of Phillip’s fees because the heirs did not properly invoke the superior court’s jurisdiction by filing a “petition” within 30 days of Phillip’s declaration of completion of probate and the heirs’ notice of mediation was not a petition. Chris and David appeal.

ANALYSIS

¶5 We review subject matter jurisdiction rulings de novo. In re Estate of Kordon, 157 Wn.2d 206, 209, 137 P.3d 16 (2006). A superior court’s jurisdiction over nonintervention probate proceedings is limited and depends on the “legislative scheme.” In re Estate of Bobbitt, 60 Wn. App. 630, 632, 806 P.2d 254 (1991). After the superior court declares that a nonintervention estate is solvent, the superior court loses jurisdiction unless the executor or another person with statutorily conferred authority properly invokes it again. In re Estate of Jones, 152 Wn.2d 1, 9, 93 P.3d 147 (2004); Bobbitt, 60 Wn. App. at 632. We hold that because Janet’s notice of mediation did not substantially [383]*383comply with TEDRA6 and, even if it did, none of the heirs filed a petition under RCW 11.68.110, Chris and David did not properly invoke the superior court’s jurisdiction.

I. The Heirs Failed To Comply with RCW 11.96A.300

¶6 Phillip argues that the notice of mediation failed to substantially comply with the statutory requirements of TEDRA under RCW 11.96A.300. We agree.

¶7 Under TEDRA, a party may submit a probate matter to mediation by giving notice of mediation to all the parties in “substantially” the form set forth in RCW 11.96A-.300(l)(a), which governs required notice when no hearing on the issue has been set. The notice of mediation must advise the recipient that the matters to be mediated “must be resolved using the mediation procedures of RCW 11.96A-.300 unless a petition objecting to mediation is filed with the superior court within twenty days of service of this notice.” RCW 11.96A.300(l)(a) (emphasis added). The notice must inform the recipients that if they do not file such a petition they must submit to the other parties a list of acceptable mediators within 30 days of receipt of the notice. RCW 11.96A.300(l)(a).

¶8 Substantial compliance with procedural requirements is generally sufficient because delay or loss of lawsuits should not be the result of complex procedural technicalities. In re Saltis, 94 Wn.2d 889, 895-96, 621 P.2d 716 (1980). A party substantially complies with procedural requirements if his or her pleading satisfies the substance essential to the statute’s purpose. Crosby v. Spokane County, 137 Wn.2d 296, 302, 971 P.2d 32 (1999).

¶9 Here, Janet’s notice of mediation did not come close to satisfying the substance essential to the statute’s purpose. The notice of mediation failed to include language that advised Phillip that the matter must be resolved using [384]*384the mediation procedures of RCW 11.96A.300(l)(a) unless he objected to mediation. The notice also failed to inform Phillip that he could choose to object to mediation, how to object to it, or how to nominate his proposed mediators if he did not object.

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Bluebook (online)
341 P.3d 342, 185 Wash. App. 378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harder-v-harder-washctapp-2015.