[WSBAPT] Non-resident probate

[Mike Winslow]

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 <http://app.leg.wa.gov/RCW/default.aspx?cite=11.18>  or 11.42 <http://app.leg.wa.gov/RCW/default.aspx?cite=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
 
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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
cid:image001.jpg at 01D013C2.30F35160
3909 California Avenue SW
Seattle, WA 98116-3705                          
(206)938-5500 
 <mailto:heatherd at westseattlelaw.com> heatherd at westseattlelaw.com 
 <http://www.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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