[WSBAPT] ancillary WA probate

[Eric Nelsen]

Krista--Is the litigation a wrongful death claim? I'm up on court of appeals right now on the question of whether a probate in-state is needed if the decedent was domiciled in a different state, has a probate there, and the sole Washington asset is a wrongful death claim.

Short answer--there is no difference between a primary and an ancillary probate. Typically, a probate in the state of domicile is considered "primary," or the state where the most property is would be "primary," but legally speaking, the PR in each state operates completely independently from the other in terms of authority. To open an ancillary probate, you just follow the same rules as for any other probate, but it is important (I think) to disclose to the court that a probate has been opened in a different state, that the decedent is domiciled in that other state, and that this probate is opened solely for the purpose of pursuing litigation in Washington because the only asset within the state is the litigation.

Call me to discuss if you like.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Krista MacLaren
Sent: Thursday, May 18, 2017 9:55 AM
To: wsba probate & trust
Subject: [WSBAPT] ancillary WA probate

Hi Folks,

I have a PC who needs to open a WA probate for the sole purpose of pursuing litigation.  The decedent had a FL will and died in FL.  There may have been a probate in FL, though I am not sure yet.  I am wondering, what is really the difference between a probate and an ancillary probate, in terms of how I open it?  If the Will was filed or probated in FL, what do I present to the court here in terms of the Will?

I appreciate your guidance!

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle, WA 98115
(206)523-6116
kjm.inc at mac.com<mailto:kjm.inc at mac.com>

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