[WSBAPT] 2 probates?

[Diane J. Kiepe]

I am sure there are other’s out there that might (read “will”) disagree with me but I typically open 2 probates in this circumstances (and usually cut a break on the billing because there is 2 😉).  I suppose the PR of the Mother’s estate can file a lack of probate affidavit and record that and then just do the mother’s probate but I think I’m a little old school and I want a title company to not have to look twice at a subsequent sale/transfer.

Good Luck -

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jenna Brozik
Sent: Friday, October 2, 2020 1:25 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] 2 probates?

My client's mother just passed away.  There is land in Washington in his mother's name and his late father's name.  The father passed away several years ago but no probate was done.
There is no community property agreement.  The father and mother both had wills that said everything goes to the children in equal shares if their spouse has passed away. The daughter is the PR in both wills.

Does it make sense to open up two probates, one for the father and one for the mother, (to transfer the father's interest to the PR) or just open up one for the mother and transfer the property from the mother and father's name to the two children in equal shares?

Any comments are welcome.

Thanks,


Jenna Brozik
Attorney at Law
Prinz & Brozik PLLC
445 S Grand Ave
Pullman, WA 99163
(509)338-0908 / (509) 338-3527 (fax)
jennaprinzlaw at gmail.com<mailto:jennaprinzlaw at gmail.com>

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