[WSBAPT] Change of Venue of Probate

Mon Aug 3 11:27:11 PDT 2020

Just my 2 cents in addition to what everyone has posted.

Be careful with the venue you are moving the case to - I had one from King county to Pierce county by the appointed PR.  I represented a minor beneficiary.  The GAL was appointed in King and refused to handle in Pierce so a new GAL had to be appointed.  You pay the 2nd filing fee and in Pierce, at the time before COVID, an in person hearing was required.  The PR's counsel didn't figure it out and it took months to get Letters reissued and a new GAL in Pierce County.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow
The Exchange Connection
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of James Jackson
Sent: Monday, August 3, 2020 11:20 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Change of Venue of Probate

That's what I was hoping.  Thanks to all who responded.

Jim

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 Eric Nelsen
Sent: Monday, August 3, 2020 9:36 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto: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
1417 31st Ave South
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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