[WSBAPT] TEDRA venue

Wed Apr 19 11:33:34 PDT 2017

I have never filed a TEDRA w/o having an open probate.  Probably most attorney have the same experience.  As my law school professor would say:  when in doubt, read the statute...

RCW 11.96A.050 as to venue provides:

(1) Venue for proceedings pertaining to trusts is:
(a) For testamentary trusts established under wills probated in the state of Washington, in the superior court of the county where the probate of the will is being administered or was completed or, in the alternative, the superior court of the county where any qualified beneficiary of the trust as defined in RCW 11.98.002 resides, the county where any trustee resides or has a place of business, or the county where any real property that is an asset of the trust is located; and
(b) For all other trusts, in the superior court of the county where any qualified beneficiary of the trust as defined in RCW 11.98.002 resides, the county where any trustee resides or has a place of business, or the county where any real property that is an asset of the trust is located. If no county has venue for proceedings pertaining to a trust under the preceding sentence, then in any county.
(2) A party to a proceeding pertaining to a trust may request that venue be changed. If the request is made within four months of the giving of the first notice of a proceeding pertaining to the trust, except for good cause shown, venue must be moved to the county with the strongest connection to the trust as determined by the court, considering such factors as the residence of a qualified beneficiary of the trust as defined in RCW 11.98.002, the residence or place of business of a trustee, and the location of any real property that is an asset of the trust.
(3) Venue for proceedings subject to chapter 11.88 or 11.92 RCW must be determined under the provisions of those chapters.
(4) Venue for proceedings pertaining to the probate of wills, the administration and disposition of a decedent's property, including nonprobate assets, and any other matter not identified in subsection (1), (2), or (3) of this section, must be in any county in the state of Washington that the petitioner selects. A party to a proceeding may request that venue be changed if the request is made within four months of the mailing of the notice of appointment and pendency of probate required by RCW 11.28.237, and except for good cause shown, venue must be moved as follows:
(a) If the decedent was a resident of the state of Washington at the time of death, to the county of the decedent's residence; or
(b) If the decedent was not a resident of the state of Washington at the time of death, to any of the following:
(i) Any county in which any part of the probate estate might be;
(ii) If there are no probate assets, any county where any nonprobate asset might be; or
(iii) The county in which the decedent died.
(5) Once letters testamentary or of administration have been granted in the state of Washington, all orders, settlements, trials, and other proceedings under this title must be had or made in the county in which such letters have been granted unless venue is moved as provided in subsection (4) of this section.
(6) Venue for proceedings pertaining to powers of attorney must be in the superior court of the county of the principal's residence, except for good cause shown.
(7) If venue is moved, an action taken before venue is changed is not invalid because of the venue.
(8) Any request to change venue that is made more than four months after the commencement of the action may be granted in the discretion of the court.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa E Schuchman
Sent: Wednesday, April 19, 2017 11:21 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] TEDRA venue

I'm re-posting, hoping for a response.  Doesn't anyone have an opinion?

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Lisa E Schuchman
Sent: Monday, April 17, 2017 3:28 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] TEDRA venue

I have King County clients who want to make a TEDRA agreement to transfer ownership of their parents' Kitsap County cabin.  I know I could file a probate in King in this situation, but is there any reason I can't file the TEDRA here?

Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://www.lisaschuchman.com/>

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