[WSBAPT] Washington Probate with California Deed of Trust

[Douglas Bratt]

Hello Listmates:

 

Happy Spring to all, and Happy Easter, for those of you for whom Easter is
important.

 

I have just been retained for the probate of a Washington Decedent.

 

Amongst Decedent’s property holdings is the Beneficiary’s interest in a
Deed of Trust on California real property, which is the security for a
Promissory Note that is appears to be in default.   

 

Are any of you familiar enough with California law to let me know whether
or not an out-of-state Personal Representative will have any particular
problems asking an appropriate California trustee to do a non-judicial
foreclosure of the Deed of Trust?

 

I realize that if the Estate gets the property back, as opposed to full
payoff of the amounts owed, that ownership of the California land by the
out-of-state Personal Rep will give rise to a California ancillary
probate.  But, perhaps full payoff will take place, and, at that point, I
would think that the money could flow into the out-of-state Estate’s bank
account, without any necessity of approaching the California courts, what
with the onerous California attorney’s fees tied to probates.

 

Any thoughts?

 

Regards,

 

Doug Bratt

 

 

Douglas J. Bratt

Lawyer

 

 

 

Office: (360) 213-2040 

 Fax: (360) 213-2030

 

 

 

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