[WSBAPT] Does Ohio property require Washington probate?

[Amy Goertz]

Good afternoon, list mates,

My client is a recent young widow residing in Washington. Her husband left a Will that leaves everything to her, but she has accomplished getting through everything without probate. There is no real property in Washington and nothing here that would require probate.

However, her husband had a small share of a family farm in Ohio. His cousin recently inherited a share and filed for an immediate sale. My client was just served with a summon (actually, there were three - one to her, one to her husband, and one to his estate) that says she must file an Answer in Ohio next week.

My client does not wish to own the Ohio property and would like to disclaim her/his interest in the farm. The husband’s Will, which has not been filed or admitted to probate, provides that if the wife does not survive him then his estate goes 50/50 to his sister and my client’s brother. My client’s brother would be willing to disclaim any interest. My client would be fine with the property or sale proceeds going to her sister in law or to her husband's parents, all of whom live in Ohio and already also have a partial interest in the farm.

Do we really have to open a probate here in Washington when there are no assets here? Can she disclaim the Ohio property without a Washington probate?

Thanks in advance for your learned input.

Amy J. Goertz, J.D.
Goertz & Lambrecht PLLC
amyjgoertz at icloud.com <mailto:amyjgoertz at icloud.com> 

1.888.926.2607 phone
1.877.684.1627 fax

2829 S. Grand Blvd., Suite 303
Spokane, WA 99203 


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