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

[Heather deVrieze]

I don't bother with joint in that situation. If the two year claim period has already run and (now deceased) surviving spouse was the sole heir/beneficiary, a single probate is pretty easy, or an adjudication of testacy/intestacy and heirship has also worked. Only benefit of filing in the same cause is saving a second filing fee, and the extra work to change the current case by creating a petition that you don't normally prepare is probably not worth the savings.

Heather

Heather S. de Vrieze
Attorney-at-Law
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Seattle, WA 98116-3705
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Wednesday, February 17, 2016 1:42 PM
To: WSBA Probate & Trust listserve (wsbapt at lists.wsbarppt.com) <wsbapt at lists.wsbarppt.com>
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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