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

[John J. Sullivan, Esq.]

Mark:

 

I don't think it's accurate to say there's no ancillary probate in WA.
https://app.leg.wa.gov/RCW/default.aspx?cite=11.20.090

 

Ordinarily in your circumstances in my experience a probate has already been
opened in the dominant jurisdiction of the decedent's residence and I open
an ancillary probate here. That would mean bring an exemplified copy of the
Will up here. 

 

But with a CA resident, obviously you want to avoid CA probate if at all
possible. 

 

It appears that our courts will assert jurisdiction.
https://app.leg.wa.gov/rcw/default.aspx?cite=11.96A.040

 

The Will has to have met the requirements for validity in CA at the time of
signing. I believe without being self-proving you would have to obtain
declarations or affidavits from the witnesses. 

 

You'd have to more or less throw yourself on the mercy of the Commissioner
as to nonintervention powers. What I've had success with in King County is
having the interested parties sign on to the Petition and proposed Order. 

 

As for creditors, by analogy, I would belt and suspenders by publishing in
both the county of residence in CA and in the county where the property is
situated. Or, does CA have a non-probate creditor claims procedure? If so,
do that in CA, since the property will pour over into the RLT. 

 

John J. Sullivan

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Mark Nusz
Sent: Wednesday, February 19, 2020 2:44 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Ancillary Probate (But, no other Probate case)

 

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    |
<http://www.westwardlawpllc.com/> www.westwardlawpllc.com    |    Mukilteo,
WA  -  Mount Vernon, WA -  Bellingham, WA

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