[WSBAPT] WA Ancillary Probate with Minor Heir- GAL needed

Thu May 28 11:55:55 PDT 2020

Josh & Nick,

I have also done an ancillary probate in Clallam County for an Oregon resident.  However, that decedent’s only Washington asset was a parking lot in downtown Seattle.  I published the notice in a King County newspaper as that is the most likely place a Washington creditor would look.

Jeff Davis

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Nicholas Pleasants
Sent: Thursday, May 28, 2020 11:08 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] WA Ancillary Probate with Minor Heir- GAL needed

Hi Josh,

I was answering Julie’s question about an ancillary probate. In that case, the decedent was not a Washington resident, therefore the requirement of RCW 11.40.020(2) does not apply to require publication in the county of residence. The default rule is RCW 11.40.020(1)(b) that it is to be published in the county of administration. https://app.leg.wa.gov/RCW/default.aspx?cite=11.40.020

Best,

Nick

Nicholas Pleasants

Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel/fax
 <mailto:nick at pleasantslaw.com> nick at pleasantslaw.com

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From: <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > on behalf of Josh Grant <jgrant at accima.com <mailto:jgrant at accima.com> >
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Date: Thursday, May 28, 2020 at 10:24 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] WA Ancillary Probate with Minor Heir- GAL needed

Nick

I thought that when I forum shop and file in a county other than the decedent’s county of residence, that I had to publish in the county of residence.  But I don’t publish in the county I file in. ??

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Nicholas Pleasants 

Sent: Wednesday, May 27, 2020 9:53 PM

To: WSBA Probate & Trust Listserv 

Subject: Re: [WSBAPT] WA Ancillary Probate with Minor Heir- GAL needed

Probate Guardians ad Litem are not required in a non-intervention probate. RCW 11.76.080. The court may appoint one if it chooses. This tends to be a “soft” requirement in King County – e.g. they will probably just appoint one if they realize there is a minor. Since you can choose venue in any county in the state (RCW 11.96A.050(4)), this could be a case where it may be preferable to file in a county that is known for not requiring Probate GALs, all else being equal.

When forum shopping, also consider the cost of publishing Notice to Creditors, which has to be published in the county in which you file (I just paid >$500 to publish in Mason County – that was decedent’s county of residence, so I didn’t have a choice – cf. Seattle Daily Journal only charges $120).

Also, consider that you can choose who is your probate GAL (no requirement that it come from the list). RCW 11.76.080 does not give particular guidelines to the GAL’s qualifications, just “some disinterested person.” If it’s not too complicated, you can probably find someone to approve the sale of the real estate and report to the court that the real estate was sold for a fair price and the rest of the probate is down in California. Seems like the scope of the GAL report could be sufficiently narrow to limit the cost. You can find the King County Order Appointing Limited GAL on Chad Horner’s website (https://www.kingcountyprobates.com/minor-beneficairies). If the court uses the limited order, it really should not be that expensive of a GAL report. So maybe the more prudent approach is asking the court to seriously limit the GAL’s role in an effort to control costs. 

Best,

Nick

Nicholas Pleasants

Pleasants Law Firm, P.S.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel/fax
nick at pleasantslaw.com <mailto:nick at pleasantslaw.com> 

The information contained in this e-mail message may be privileged and is confidential information intended only for the use of the recipient, or any employee or agent responsible to deliver it to the intended recipient. Any unauthorized use, distribution or copying of this information is strictly prohibited and may be unlawful.

If you have received this communication in error, please notify the sender immediately and destroy the original message and all attachments from your electronic files.

From: <wsbapt-bounces at lists.wsbarppt.com <mailto:wsbapt-bounces at lists.wsbarppt.com> > on behalf of Julie Martiniello <julie at dimensionlaw.com <mailto:julie at dimensionlaw.com> >
Reply-To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Date: Wednesday, May 27, 2020 at 2:14 PM
To: Trust and Probate Section <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] WA Ancillary Probate with Minor Heir- GAL needed

Hello All,

I have my first experience with an ancillary probate with a minor heir. California probate, one property in WA that is being sold and probate is being required here for that. I know the probate process is not really "ancillary" here, but will the minor heir need a GAL here in WA since the main probate is in CA? Hoping to avoid that expense/complication for the client.

Thanks in advance for your knowledge! 

-- 

Respectfully,

JULIE A. MARTINIELLO | PARTNER | DIMENSION LAW GROUP PLLC 
130 Andover Park East, Suite 300 | Tukwila, WA 98188

t: 206.973.3500 | f: 206.577.5090| e: JULIE <mailto:JULIE at dimensionlaw.com|> @dimensionlaw.com|  <http://www.dimensionlaw.com/> www.dimensionlaw.com

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