[WSBAPT] Joint Probate with Title of Executor issue

[Gerald Sprute]

Esteemed Colleagues,

Client's dad died one week after mom.  I am hoping to open a Joint Probate (two kids, equal heirs under each Will).  But mom's will names sister as executor, and dad's will names brother as executor, with no alternate.  Only sister wants to be the executor, and brother will gladly sign a Declination to Serve.  In doing so, I think I would have an Executor and Administrator with Will Annexed.

Can I open a Joint Probate?  Will I need to ask for Letters Testamentary for mom's estate and Letters of Administration with Will annexed for dad's estate, and can they be issued under the same cause number?  This doesn't sound correct, but I'd hate to have to open two separate probates just because of the title of the estate representative.

Has anyone run across this before, and is there a simple solution that I'm not seeing?

Jerry Sprute

Law Office of Gerald A. Sprute
P.O. Box 1657
Duvall, WA 98019
Tel: (425) 892-4079
Fax: (425) 844-9151
www.sprutelaw.com <http://www.sprutelaw.com>









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