[WSBAPT] Canadian cross border probate issue

[Jim Doran]

I had thought of doing the probate here and do it relatively
inexpensively.  Will the Washington superior Court do a probate of a
Canadian who died in Canada solely for the purpose of getting letters of
Administration to deal with the funds in Washington?

 

As I ask the question my instincts tell me “Yes”, the court will do this.

 

What do you think?

 

James R. Doran

Attorney at Law

100 E. Pine Street – Suite 205

Bellingham, WA 98225

(360)393-9506

 <mailto:jim at doranlegal.com> jim at doranlegal.com

www.doranlegal.com

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Monday, July 7, 2014 2:58 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] Canadian cross border probate issue

 

If survivor can wait, what about the unclaimed property process? Send B of
A notice of the death and suggest they turn the money over to DOR
Unclaimed Property. My experience is, DOR is more flexible about sending
money to claimants than B of A has ever been. But the process could take a
year or more, before B of A gets around to sending the money out.

 

Otherwise, I think you're right: probate needed. Maybe an ancillary
wouldn't be necessary, if B of A would accept the equivalent of Letters of
Administration from the Canadian action. Or, if there are not assets in BC
requiring probate, maybe do a probate here.

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

 

 

From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Monday, July 07, 2014 2:51 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Canadian cross border probate issue

 

Here’s one I have not seen yet:

 

Wife dies in British Columbia as a resident of British Columbia.  She had
a bank account with Bank of America, US, with $3,000.  Bank of America
wants probate letters of administration to authorize the closing of the
account and payment of the $3,000 to the husband as heir.

 

What do we have to do?  The small estate affidavit won’t work because she
didn’t die a resident or in Washington.

 

It sounds to me that this has to be done in British Columbia and then an
ancillary probate in Washington.  That will no doubt eat up the funds or
leave very little left. 

 

James R. Doran

Attorney at Law

100 E. Pine Street – Suite 205

Bellingham, WA 98225

(360)393-9506

jim at doranlegal.com

www.doranlegal.com

 

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Bar Association nor its officers or agents. 

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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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