[WSBAPT] Notice to creditors in ancillary probate

Mike Winslow mike at winslegal.com
Sat Feb 14 14:57:47 PST 2015


Perfect!
 
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
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Richard Wills
Sent: Saturday, February 14, 2015 1:36 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Notice to creditors in ancillary probate
 
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
 
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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