[WSBAPT] Change of Venue of Probate

[Heather de Vrieze]

I agree that this is just a motion within the probate, I believe that a request is made, venue must be moved to county of residence if initiated within the 4 months after the probate is begun, or at least within 4 months of notice of appointment and pendency of probate. After that it is discretionary.

Heather

Heather S. de Vrieze
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Monday, August 3, 2020 9:36 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Change of Venue of Probate

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
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Seattle WA 98144-3909
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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 James Jackson
Sent: Sunday, August 2, 2020 11:30 AM
To: wsbapt at lists.wsbarppt.com<mailto: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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