[WSBAPT] Ancillary Probate

[Eric Nelsen]

I don't think you can do that, at least as to real property. An out-of-state PR can't administer Washington real estate. If it's personal property that's almost always transitory and could be physically moved to the PR's state.

If it's real estate, I am pretty sure you need an in-state PR to distribute. I don't think you can transfer title or control to an out-of-state PR. All you can do is probate it and distribute to beneficiaries.

For what it's worth, here's a little briefing re ancillary probate that I have from an old appeal: The primary probate of a will generally lies with the court of the state and county in which the decedent was domiciled. Estate of Tolson, 89 Wn.App. at 31 (citing In re Estate of Stein, 78 Wn.App. 251, 261, 896 P.2d 740 (1995)). Ancillary probate may lie in any state in which the property the decedent has a situs. Id. (citing Hatch v. United States, 29 F.2d 213 (N.D.N.Y. 1928)).

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Robert Taylor-Manning
Sent: Tuesday, December 10, 2019 2:48 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Ancillary Probate

Much to my surprise, there is nothing in the resources I have examined that specifically addresses ancillary probate in Washington.  If anyone could share how standard procedure might be modified to address the situation where we are simply trying to transfer title of Washington property to a PR appointed in another state, I'd be grateful for your input.


rtm
Robert Taylor-Manning, Esq.
Law Offices of Robert Taylor-Manning
1030 N Center Pkwy
Kennewick, WA  99336
509.866.5222
www.taylor-manning.com<http://www.taylor-manning.com>


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20191210/6b87a66b/attachment.html>