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

David Faber david at faberfeinson.com
Wed May 16 11:18:43 PDT 2018


That squares with my gut feeling about the circumstances. Thank you for
your generosity Eric.

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

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On Wed, May 16, 2018 at 10:29 AM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> 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
>
>
>
> *** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.
> This communication may contain privileged or other confidential
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>
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