[WSBAPT] Ancillary Probate - Different Person as PR in Ancillary Jurisdiction?

Eric Nelsen Eric at sayrelawoffices.com
Wed May 16 10:29:27 PDT 2018


It's okay. The probates are legally independent and have no relationship to each other--the designation of "primary" versus "ancillary" has no actual legal significance. As a practical matter the PRs have to cooperate if there is an asset that they both arguably have jurisdiction over, but otherwise they can operate independently.

As a starting point you might look at In Re Estate of Tolson, 89 Wn.App. 21, 947 P.2d 1242 (1997).

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

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Wednesday, May 16, 2018 10:07 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Ancillary Probate - Different Person as PR in Ancillary Jurisdiction?

Decedent died resident of Texas (the state of the primary probate) but owned property in Washington State. D had two children, one residing in Texas (who is serving as PR of the Texas estate) and the other here in Washington State. Client is the Washington State child, and both siblings have decided they want the Washington State child to be PR of the Washington State ancillary probate. I can see some obvious pitfalls in having multiple people serving as PR in different probate jurisdictions, but those are no more dramatic to my mind than are two persons serving as co-Personal Representatives. I can find nothing in the code that tells me we cannot have two different PRs in the two probate jurisdictions, but it's an odd enough circumstance that I want to know if anyone on here has specific cautionary advice or knows of an authority that I could not find that would prevent this. Any thoughts?

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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