[WSBAPT] Change of Venue of Probate

[Eric Nelsen]

I think this is just a motion under the probate caption. When TEDRA was first enacted I read the definition of "matter" under RCW 11.96A.030(2)<https://app.leg.wa.gov/RCW/default.aspx?cite=11.96A.030> and thought, "man, there isn't anything that this doesn't cover" and that TEDRA would eventually swallow all disputes governing probates. But it actually seems quite a bit narrower than I realized. It clearly doesn't include anything relating to change of venue of the probate administration itself. Also, I think RCW 11.96A.050(4) implies that it's a motion within the existing probate proceeding:

(4) Venue for proceedings pertaining to the probate of wills, the administration and disposition of a decedent's property, including nonprobate assets, and any other matter not identified in subsection (1), (2), or (3) of this section, must be in any county in the state of Washington that the petitioner selects. A party to a proceeding may request that venue be changed if

That sounds an awful lot like "make the request in the proceeding" to me.

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>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of James Jackson
Sent: Sunday, August 2, 2020 11:30 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Change of Venue of Probate

Listmates,

I'm looking to move  a probate from Pierce County to King.

Decedent was a King County resident with no ties to Pierce, and it appears that the probate was filed in Pierce County to accommodate the PR's attorney.  Four months have already passed (11.96A.050(8).

PR's attorney is not willing to change venue.

Would this require a TEDRA petition or just a motion in the probate?


James A. Jackson
Simburg Ketter Sheppard & Purdy, LLP
999 Third Ave., #2525
Seattle, WA 98104
T: (206) 382-2600
F: (206) 223-3929



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