[WSBAPT] Notice to creditors in ancillary probate
Richard Wills
richardwills at washington-probate.com
Sat Feb 14 13:36:01 PST 2015
*Mike --- For what it's worth, I've done dozens of "ancillary" probates
in WA (by that, I mean that the domiciliary PR elsewhere has a parcel of
real property in WA for which they need to transfer title), & all I've
ever done is open the probate, record a PR's Deed, & close the estate.
I've never had any claim business (either publishing a notice or
receiving a claim) in any of them.*
On 2/13/2015 4:44 PM, Mike Winslow wrote:
>
> Yes, the law 11.20.090, just talks about probating wills which have
> already been probated in a foreign jurisdiction, so I get what you are
> saying. My concern is: how many probates does it take to cut off
> creditor’s claims, just because the assets may be in different
> jurisdictions? Seems to me that one probate, with proper compliance
> with Notice to creditors should be sufficient to cut off claims of
> general unsecured creditors from anywhere. May be I am being too
> logical about this.
>
> Michael A. Winslow
>
> 1204 Cleveland Ave.
>
> Mount Vernon, WA 98273
>
> Ph. 360-336-3321
>
> Em. Mike at winslegal.com
>
> This message is from an attorney, so it’s confidential. If you are not
> the intended recipient, it’s too late to stop reading this message,
> but you may not use it for any improper purpose. Huge Disclaimer
> available upon request.
>
> *From:*wsbapt-bounces at lists.wsbarppt.com
> [mailto:wsbapt-bounces at lists.wsbarppt.com] *On Behalf Of *Richard Wills
> *Sent:* Friday, February 13, 2015 4:09 PM
> *To:* WSBA Probate & Trust Listserv
> *Subject:* Re: [WSBAPT] Notice to creditors in ancillary probate
>
> *Mike, in my experience & as confirmed by Court Commissioners here,
> there is no such creature as an "ancillary probate" in WA. It's
> either a probate or it's not.
>
> *
>
> On 2/13/2015 2:55 PM, Mike Winslow wrote:
>
> Doing an ancillary probate of an estate originally filed in Arizona.
>
> Will give notice to DSHS of filing in WA, but not sure about
> following the full notice to creditors procedure in the ancillary
> matter. Was going to check with the AZ probate attorney to see
> what notices they sent out, published, etc.
>
> The Desk book does not address Notice to Creditors in the context
> of Ancillary probate. Seems repetitive and unnecessary expense if
> the AZ probate followed procedures similar to Washington.
> Anyone familiar with court cases or treatise on this topic?
>
> Michael A. Winslow
>
> 1204 Cleveland Ave.
>
> Mount Vernon, WA 98273
>
> Ph. 360-336-3321
>
> Em. Mike at winslegal.com <mailto:Mike at winslegal.com>
>
> This message is from an attorney, so it’s confidential. If you are
> not the intended recipient, it’s too late to stop reading this
> message, but you may not use it for any improper purpose. Huge
> Disclaimer available upon request.
>
>
>
>
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