[WSBAPT] Do I Have to Reopen CA Probate?

[JOHN J SULLIVAN]

Listmates:


New situation for me.

Decedent died in San Diego County, CA with a 50% TIC interest in real property titled in his name in Island County, WA. He died with a revocable trust and pour-over will, but the WA RP had not been conveyed to the trust. PC is 1/3 beneficiary of the trust, but was not the named PR or ST. 

The person named as PR - another of the beneficiaries - opened a formal probate of the pour-over will in CA. But that PR did not open an ancillary probate in WA to convey the WA RP to the trust. I am told that the CA probate has since been closed. The original PR refuses to do anything about administering the WA RP. 

Am I correct that in order to open a probate up here to sell the WA RP or convey it down to the trust, the petitioner up here would have to follow RCW 11.20.090, which states:


"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."?

I think at a minimum I will need a certified copy of the Will, the original of which resides at the clerk of court in San Diego. But then the question is, must the CA probate be reopened in order for that to work? And what exactly is a copy of "the original record of probate thereof?" Is it a certified copy of the Order admitting the Will? The docket sheet? And what if I want the PC to serve up here because the original PR doesn't want to? I'm guessing a declination with the other beneficiaries joining to support the petition would work to accomplish that. 

Anybody dealt with this or a similar situation? I've always dealt with foreign dominant estates simply needing to open up an ancillary here. 


Best regards,


JOHN J. SULLIVAN,
ATTORNEY

LYONS | SULLIVAN
10655 NE 4TH STREET, SUITE 704
BELLEVUE, WA 98004
425·451·2400 TEL 425-451-7385 FAX
WWW.DLJSLAW.COM


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