[WSBAPT] Non-resident probate

Mon Oct 31 16:23:01 PDT 2016

This is the provision I saw as well - there just isnt anything in the RCW
explaining what it means really!

On Mon, Oct 31, 2016 at 4:15 PM, Mike Winslow <mike at winslegal.com> wrote:

> 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
>
>
>
> 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*
>
> *[image: cid:image001.jpg at 01D013C2.30F35160]*
>
> 3909 California Avenue SW
>
> Seattle, WA 98116-3705
>
> (206)938-5500
>
> heatherd at westseattlelaw.com
>
> www.westseattlelaw.com
>
>
>
> *Click here to connect with de Vrieze | Carney on Facebook: *  *[image:
> FB Logo]* <https://www.facebook.com/DeVriezeCarney>
>
>
>
> CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally
> privileged and/or confidential information.  If you have received this
> e-mail in error, please notify the sender immediately and delete all copies
> of this e-mail message and any attachment.
>
>
>
> *From:* wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.
> wsbarppt.com <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
>
>
>
> _______________________________________________
> WSBAPT mailing list
> WSBAPT at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbapt
>

-- 
Adria Vondra
Attorney at Law
Vondra Law Firm, PLLC
15600 Redmond Way, Ste 201
Redmond, WA  98052
avondra at vondralawfirm.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20161031/b2a16013/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 3264 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20161031/b2a16013/image004.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 4738 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20161031/b2a16013/image001.jpg>