[WSBAPT] One Probate administration for nonresident?

[Eric Nelsen]

I think it's at least permissible to do the whole shebang in Washington. I haven't researched the conflict of laws issue on rules of intestacy but the basic conflicts rule is, if the laws in both places come to the same conclusion, then there is no need for a conflict of laws analysis. I don't think TEDRA is necessary; our court has subject matter jurisdiction even over nonresidents who die outside the state. RCW 11.96A.040(1)<http://app.leg.wa.gov/RCW/default.aspx?cite=11.96A&full=true#11.96A.040>.

Probably the main concern would be notice to creditors in Texas. If you publish in the Texas county of residence under RCW 11.40.020(2)<http://app.leg.wa.gov/RCW/default.aspx?cite=11.40&full=true#11.40.020>, it'll probably be okay, but if there is a significant Texas creditor issue and you want to be absolutely sure that that creditor is barred, then it probably is worth the expense of doing an ancillary probate in Texas, and using the Texas creditor process to make sure.

You also might have a problem is if there is an asset in Texas in the custody of an institution or person who is going to have to be persuaded to pass the asset on to the correct heir (because what they would do under Texas law differed from what they should do under Washington law). Then you might need an ancillary probate in Texas.

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-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dale Young
Sent: Sunday, April 03, 2016 7:04 AM
To: wsbapt at LISTS.WSBARPPT.COM
Subject: [WSBAPT] One Probate administration for nonresident?

Listmates, I think I know the answer to this question, but just asking.

Can an intestate decedent whose real estate and most of his assets are in Washington, but who died a resident of Texas, but without Texas real estate,  have a Washington probate court administer his entire estate and  avoid an primary intestate proceeding in Texas?

I know an ancillary proceeding will be required in Washington for the Washington real estate to be conveyed to the heirs,  but does Washington have jurisdiction to decide intestate succession?    The laws of both states are the same as to who are the intestate heirs.   Could the entire estate be administered in Washington with the aid of TEDRA?

Any ideas?

Thanks,

Dale Young




Lowell Dale Young, LLC                From Real Estate to Your Estate

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