[WSBAPT] Probating a foreign Will

Wed Apr 27 09:44:40 PDT 2016

Yes thanks, Heather - the crux of the matter to my thinking… jurisdiction.  And the pleading language in the standard Petition ….”Decedent died … a resident of X County, Washington … and left property in this state subject to probate.”

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
Sent: Wednesday, April 27, 2016 8:54 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Probating a foreign Will

I’ll go out on a limb here and point out that I think there needs to be some nexus with Washington State although. . . 

 RCW 11.96A.040 says:

(1) The superior court of every county has original subject matter jurisdiction over the probate of wills and the administration of estates of incapacitated, missing, and deceased individuals in all instances, including without limitation:

(a) When a resident of the state dies;

(b) When a nonresident of the state dies in the state; or

(c) When a nonresident of the state dies outside the state.

So. . . might be worth a try. However, I’d caution that PA taxes might be owed in any case, and PA banks might not accept WA letters.

Heather

Heather S. de Vrieze
Attorney-at-Law

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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' <wsbapt at lists.wsbarppt.com>
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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