[WSBAPT] Ancillary Probate

[Rob Wilson-Hoss]

This was a surprise to me, too, the first time I had to think about it, many
years ago. In law school I learned about ancillary probates, and assumed
that they were actually something you could do in Washington, but no, you
just have to do a probate for the Washington real property. I have never
asked a title company to insure based on a non-probate (old school, not
related to REETA) affidavit for in-state real property when there is an
out-of-state title holder and/or probate, but it is worth a call, maybe.  

 

Rob

 

Robert D. Wilson-Hoss

Hoss & Wilson-Hoss, LLP

236 West Birch Street

Shelton, WA 98584

360 426-2999

www.hossandwilson-hoss.com

rob at hctc.com

 

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Eric Nelsen
Sent: Tuesday, December 10, 2019 3:13 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Ancillary Probate

 

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 <mailto:eric at sayrelawoffices.com> 

 

From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<wsbapt-bounces at lists.wsbarppt.com
<mailto: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 <mailto: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> 

 

 

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