[WSBAPT] Notice to creditors in ancillary probate

[amanda_wilson at olypenlawoffices.com]

Probate does not require notice to creditors, it simply allows it for the benefit of the estate. I believe the statute refers to publishing in the jurisdiction where you reside- you reside where you reside, not necessarily where you own land. 
 
My two cents.
Amanda
 
-----Original Message-----
From: "Mike Winslow" <mike at winslegal.com>
Sent: Friday, February 13, 2015 7:44pm
To: "'WSBA Probate & Trust Listserv'" <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Notice to creditors in ancillary probate




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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