[WSBAPT] Non-resident probate

Wed Nov 2 10:21:11 PDT 2016

More fact finding shows no real property in AZ, some nominal personal property there, and over $1.5 million in an account in Washington. All heirs want it probated here.

Thanks for the input and great discussion!

Adria

> On Nov 2, 2016, at 10:08 AM, Cyrus Field <cyfield at rockisland.com> wrote:
> 
> The jurisdiction issue can also create interesting estate tax situations. For instance, I understand that if a non-resident of Oregon dies in Oregon there may be estate tax due if gross estate of all assets is over $1 million, because the decedent likely died there with personal property (e.g. the shirt on their back). Tax would be minimal because it is largely pro-rated based on % of property in state but as far as I know there is no de minimis exception and potentially a pain to deal with.
>  
> So not sure if estate tax issue is a concern with these facts but probably should at least be considered as well before deciding where to file. Thanks, Cy
>  
> Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)
> phone: 360-472-1223 Mail: POB 367, Shaw Island, WA 98286 Office: 640 Mullis St. Friday Harbor, WA
> ******************************************************************
> The information contained in this e-mail message, including attachments, may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think you have received this e-mail in error, please e-mail the sender at cyfield at rockisland.com and destroy or delete the original and any copies.
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> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mike Winslow
> Sent: Monday, October 31, 2016 4:15 PM
> To: 'WSBA Probate & Trust Listserv'
> Subject: Re: [WSBAPT] Non-resident probate
>  
> Well, this is interesting….. See yellow highlight. I would expect that there still has to be some kind of minimum contacts requirements for a Wa court to accept for probate a will of a non-resident; Such as personal property physically located within the state of Wa, although the Probate Desk book says nothing on the point. if it would be more convenient to probate in Wa and there is physical property here, arguably the probate could be filed here under the provisions of section (c).
> RCW 11.96A.040
> Original jurisdiction in probate and trust matters—Powers of court.
> (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.
> (2) The superior court of every county has original subject matter jurisdiction over trusts and all matters relating to trusts.
> (3) The superior courts may: Probate or refuse to probate wills, appoint personal representatives, administer and settle the affairs and the estates of incapacitated, missing, or deceased individuals including but not limited to decedents' nonprobate assets; administer and settle matters that relate to nonprobate assets and arise under chapter 11.18 or 11.42 RCW; administer and settle all matters relating to trusts; administer and settle matters that relate to powers of attorney; award processes and cause to come before them all persons whom the courts deem it necessary to examine; order and cause to be issued all such writs and any other orders as are proper or necessary; and do all other things proper or incident to the exercise of jurisdiction under this section.
> (4) The subject matter jurisdiction of the superior court applies without regard to venue. A proceeding or action by or before a superior court is not defective or invalid because of the selected venue if the court has jurisdiction of the subject matter of the action.
>  
> Michael A. Winslow
> 1204 Cleveland Ave.
> Mount Vernon, WA 98273
> Ph. 360-336-3321
> Em. Mike at winslegal.com
>  
> This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.
>  
> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Heather deVrieze
> Sent: Monday, October 31, 2016 1:40 PM
> To: WSBA Probate & Trust Listserv
> Subject: Re: [WSBAPT] Non-resident probate
>  
> Two main factors are where the decedent was domiciled at time of death, and where the assets are.
> If the answer to either of those is Washington State, you can likely open probate in any county in the state. Otherwise, it needs to be Arizona.
>  
>  
> Heather S. de Vrieze
> Attorney-at-Law
> <image001.jpg>
> 3909 California Avenue SW
> Seattle, WA 98116-3705                         
> (206)938-5500
> heatherd at westseattlelaw.com
> www.westseattlelaw.com
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> From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Adria Vondra
> Sent: Monday, October 31, 2016 1:22 PM
> To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> Subject: [WSBAPT] Non-resident probate
>  
> I just want to verify whether a probate can be opened in WA for a resident of Arizona who died in Arizona.  The will was written in WA and all beneficiaries live here.  I have received conflicting advice and this is for a family member.  Thanks!
>  
> --
> Adria Vondra
> Attorney at Law
> Vondra Law Firm, PLLC
> 15600 Redmond Way, Ste 201
> Redmond, WA  98052
> avondra at vondralawfirm.com
>  
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