[WSBAPT] probating estates of married persons

[Tom Stuen]

Dewey:  I just filed one with mirror images.  If the wills differ, it would not matter if the will of the first to die leaves everything to the survivor.  Or if they both name the same PR, then joint would work.   If different PR’s but those named in one all decline in favor of the Pr named in the other will, maybe a  joint probate still works.

                Tom 

 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Dewey Weddle
Sent: Wednesday, March 23, 2016 11:34 AM
To: probate-trust <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] probating estates of married persons

 

Esteemed Colleagues:

 

It is my understanding that it is permissible to file a single probate for a deceased couple if the Wills are the typical "I love you" type (mirror images of each other as far as testamentary provisions are concerned and both name the same alternate PR).  But are there any legal restrictions or practical barriers to doing this?  For example, if the Wills contained different testamentary provisions, or named different alternate PR's, would that not mean two separate probate proceedings?  Or, if one spouse died intestate and the surviving spouse then executed a Will before passing away, is it possible for the PR named in the Will to also be named as the Administrator of the intestate spouse?  My intuition tells me the latter would not be a problem, but I hate to rely solely on my intuition.

 

I would very much appreciate any guidance on this.  

 

As always, best regards to all,

 

Dewey

 

Law Office of Dewey W. Weddle, PLLC
909 7th Street
Anacortes, WA  98221

 

Telephone: 360-293-3600
Fax        360-293-3700

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160323/55151eba/attachment.html>