[WSBAPT] Probating a foreign Will

Mike Winslow mike at winslegal.com
Wed Apr 27 09:29:06 PDT 2016


The American citizen died in Germany?
 
Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com
 
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Marilyn J Kliman Law
Sent: Wednesday, April 27, 2016 7:49 AM
To: 'WSBA Probate & Trust Listserv'
Subject: [WSBAPT] Probating a foreign Will
 
Washington Probate possible for the foreign Will of a non-Washington resident?
 
An American citizen resided in Germany, owned real property there, but had only bank accounts in the U.S. at the time of his death. He drafted his Will in State College, PA, and the accounts are located there, related to his Penn State professorship and retirement benefits. 
 
The PA attorney who drafted the Will intends to probate in the appropriate court in Germany to handle the real estate, and is recommending that my client (beneficiary of all assets not located in Germany) then file an exemplified set of those documents in the appropriate American jurisdiction which “ …could probably be in Centre County, Pennsylvania, … or we might consider the exemplified  documents  be filed in Washington …”  because the assets would be subject to a 15% estate tax in PA!  (amount of assets unclear at this point, but likely 6 figures)
 
RCW 11.20.090 allows for probating a foreign Will, but … but… HOW??!
Has anyone done this?  Does jurisdiction need to be established?  
 
I would be greatly appreciative of anyone willing to tell me what is involved and/or educate me as to how to proceed.  
 
Many thanks,
Marilyn
 
 
Marilyn J. Kliman, Attorney at Law
Marilyn J. Kliman Law, PLLC
510 Bell Street
Edmonds, WA 98020
206.499.0993
Marilyn at MarilynJKlimanLaw.com
www.MarilynJKlimanLaw.com <http://www.marilynjklimanlaw.com/> 
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