[WSBAPT] Probate here re: testate estae of Ex-Pat in Germany

[Marilyn J Kliman Law]

After residing in Germany for many years, an American citizen decedent's
Will had to be probated there to transfer real property. Now my Washington
resident beneficiary client needs to open probate here and be appointed PR
in order to claim U.S. assets left to her -funds and personal property
located in Pennsylvania - as well retrieve some funds still in Germany.  I
am shooting from the hip as to how to proceed !!!

 

Relevant (?) facts:

1.            The German probate attorney intends to issue my client a power
of attorney - presumably to use in petitioning for appointment. I infer from
my client that the attorney is awaiting my call to request and explain the
form, format and type of other documentation I may need from him.

2.            Assets in PA include a safe deposit box; a bank account; PA
State College retirement benefits; a reimbursement from social security, and
an insurance policy and/or retirement benefits held by AXA with the Estate
as beneficiary.

3.            Decedent had no ties to Washington - the only connection is my
client's residence.

4.            We have a copy of the Will, a U.S. death certificate from the
Embassy in Berlin, and a letter stating that the Consular Report of Death
Abroad has been filed with the Department of State in Washington DC.

 

I am looking at: RCW 11.20.090

Admission to probate of foreign will.

Wills probated in any other state or territory of the United States, or in
any foreign country or state, shall be admitted to probate in this state on
the production of a copy of such will and of the original record of probate
thereof, certified by the attestation of the clerk of the court in which
such probation was made; or if there be no clerk, certification by the
attestation of the judge thereof, and by the seal of such officers, if they
have a seal.

 

Is this handled as any other probate? Is it an 'ancillary' probate? And what
about jurisdiction? Are there specific additional filings and supporting
documents required?

 

I have found statutes dealing with probate for a non-resident, but those
rest on the presumption that the assets are located in Washington, which, as
noted above, is not the case.  

 

I'd be grateful for any crust of guidance and/or information certain as to
procedure here.

 

 

Marilyn J.Kliman

Marilyn J. Kliman Law, PLLC

510 Bell Street

Edmonds, WA 98020

 <tel:206.499.0993> 206.499.0993

 <mailto:Marilyn at MarilynJKlimanLaw.com> Marilyn at MarilynJKlimanLaw.com

 <http://www.marilynjklimanlaw.com/> www.MarilynJKlimanLaw.com

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