[WSBAPT] Ancillary Probate (But, no other Probate case)

[Mark Nusz]

Hi All:

I have a new client coming on and need to work out a few of the wrinkles on this Out-of-State case.

I understand that a probate case is a probate case in Washington (no such animal as an "ancillary" probate case in WA); however, I am most curious about cases where the decedent domicile was in another JDX (CA in this case) and decedent had an Living Trust (RLT),  thereby negating the need for a probate in CA.

Now (of course), there is a WA piece of real property that is not in the trust and a Probate will be required here.  This will be the first Probate case (no Probate case has been opened in the other state).

There is a CA Pour-Over Will, but that Will has not been adjudicated as far as I know.  Original Will was "filed" in the County.  So, I don't think I'll get an Order from down there to admit the Will up here.  I'll likely have to get the Will admitted here.  I am wondering if I can get an exemplified copy of the Will from the CA County/Court.  Will meets WA requirements, but not self-proving.  Just get declarations from the witnesses?

So, if this is to be the one and only probate case, I am left wondering if creditors could come up to WA and file claims against the estate (and not just the WA real property).  I do not expect this, but want to know what I could be getting into.  I am planning on publishing and waiting the 4 months here in WA, regardless.

I am also planning on petitioning for non-intervention powers as the Will does not mention those, although I'd like to handle with a beneficiary waiver.

Anything I am out in the weeds on here?

If someone has time to chat about this one, I would completely welcome it.  Let me know.

Best,
Mark D. Nusz
Westward LAW PLLC    |   (360) 364-5030    |     www.westwardlawpllc.com<http://www.westwardlawpllc.com/>    |    Mukilteo, WA  -  Mount Vernon, WA -  Bellingham, WA
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