[WSBAPT] Canadian Personal Representative

Fri Nov 20 10:59:37 PST 2015

Thank you, Gregory, that is very helpful.  Yes, the Will provides that the estate goes to the surviving spouse.

We are thinking we'll need the original Will - no probate was needed in Canada, we understand - and some kind of Affidavit from the Canadian attorney stating that the Will is valid under local law.

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Thank You,

[Logo]Mark Reinhardt
Attorney
Rehberg Law Group, PLLC
Ryan Y Rehberg, Partner | Mark A. Reinhardt, Partner | James A. Davies | Anton B. Cauthorn | J. Sabrina Go

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Gregory L. Gilday
Sent: Friday, November 20, 2015 9:47 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Canadian Personal Representative

Mark,

I would look at RCW 11.28.185, which states, "or when the personal representative is the surviving spouse or surviving domestic partner of the decedent and it appears to the court that the entire estate, after provision for expenses and claims of creditors, will be distributable to such spouse or surviving domestic partner, then such personal representative shall not be required to give bond or other security as a condition of appointment."

Assuming that everything is going to the spouse (you didn't say), I don't think a bond will be necessary.

Very Truly Yours,
Gregory L. Gilday
Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW
P.O. Box 249
Stanwood, WA 98292
(360) 629-2900 (Telephone)
(360) 629-0220 (Fax)

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On 11/20/2015 8:31 AM, Mark Reinhardt wrote:
Listmates,

A Canadian resident dies owning real property in Washington.  Spouse, also a Canadian resident, is nominated as Executor.  RCW 11.36 suggests only that a resident agent will need to be appointed for a non-resident PR.

The Canadian Will says nothing about waiving bond.  The concern, therefore, is that that bond will be required for the PR under RCW 11.36.010(6).

Does anyone have a bonding company that will bond a Canadian resident for a Washington probate?  Has anyone else has worked with a Canadian (or non-U.S. resident) PR?

***When responding to this email, please reply all***

Thank You,

[Logo]Mark Reinhardt
Attorney
Rehberg Law Group, PLLC
Ryan Y Rehberg, Partner | Mark A. Reinhardt, Partner | James A. Davies | Anton B. Cauthorn | J. Sabrina Go

Assistant:  Michele Wharton  | mwharton at rehberglaw.com<mailto:mreinhardt at rehberglaw.com>
SeaTac:      18000 International Blvd. (Pacific Hwy S. | Hwy 99), Suite 550, SeaTac, WA 98188
Bellevue:   1400 112th Avenue Southeast, Suite 100, Bellevue, Washington 98004
Contact:     Phone (206) 246-8772 ext. 333 | Toll Free (877) 246-8772 | Fax (206) 454-7910
Email:          mreinhardt at rehberglaw.com<mailto:mreinhardt at rehberglaw.com> | www.rehberglaw.com<http://www.rehberglaw.com/> | Join the Rehberg Law Group Newsletter<http://visitor.r20.constantcontact.com/d.jsp?llr=ay8zc9bab&p=oi&m=1101460729600&sit=dzioz88bb&f=46130d29-cd26-4d90-89ea-1b62cacb4ca4>

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