[WSBAPT] King County - creating joint probate when one probate already started

Wed Feb 17 14:26:39 PST 2016

Eric, 

I have done so with a H&W who died 6 months of each other. H's probate was already opened and W died later. I petitioned the court under the open court case number for instructions and an order to consolidate the administration of the two estates. I noted within the petition for instructions the CP nature of all assets between the H&W, solvency, no step children, all children were biological, and H&W's estates would flow to their children through the intestacy statue so there were no conflicts between heirs. Included some language about consolidating estates eased estate administration over joint ownership of assets. I also asked the court to direct clerk to change the caption, which was approved despite the grumbling of the clerk. You may want to note within your petition why you need to consolidate the estates for example a real estate matter at hand. 

Very truly yours, 
Maureen A. Wickert, Attorney at Law 

WICKERT LAW OFFICE 

14900 Interurban Avenue South, Ste 255 
Tukwila, WA 98168 
Phone: 206-859-5502 
Fax: 206-260-9005 
www.wickertlawoffice.com 
wickertlaw at comcast.net 

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----- Original Message -----

From: "Eric Nelsen" <Eric at sayrelawoffices.com> 
To: "WSBA Probate & Trust listserve (wsbapt at lists.wsbarppt.com)" <wsbapt at lists.wsbarppt.com> 
Sent: Wednesday, February 17, 2016 1:42:00 PM 
Subject: [WSBAPT] King County - creating joint probate when one probate already started 

I have a probate open for Wife. Husband died some years before her and no probate was done, and it looks like we need that probate now. So, I would like to open the probate for the Husband as a joint probate with Wife. 

Any tips on the most procedurally efficient way to accomplish this? Can I file the petition under the existing case number, and request amendment of the case caption to include both decedents (and pay the clerk the filing fee for the new decedent)? Or should I open under a new case number and file a motion to consolidate? 

This will be in King County, so any experience with local quirks would be appreciated. Thanks all – 

Sincerely, 

Eric 

Eric C. Nelsen 

SAYRE LAW OFFICES, PLLC 

1320 University St 

Seattle WA 98101-2837 

phone 206-625-0092 

fax 206-625-9040 

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