[WSBAPT] 2 probates?

Jeff Davis jeff at bellanddavispllc.com
Fri Oct 2 15:09:17 PDT 2020


Attached is a form I use to start a joint probate; it can be modified if there is only one Will with the other intestate.  It is an easy, cost effective, way to handle this situation.

 

Jeff Davis.

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of jbdolan at jbdolan.com
Sent: Friday, October 2, 2020 2:45 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] 2 probates?

 

Jenna:

 

At least in Skagit County, when I have the situation as you describe, if both wills are the same, I have done joint or “double” probates under one cause number and filing fee with no problem.

 

Jim Dolan 

 

===================

 

Jones Butler Dolan, PS

www.jbdolan.com <http://www.jbdolan.com> 

www.jonesbutlerdolan.com <http://www.jonesbutlerdolan.com> 

 

Mount Vernon

 

P.O. Box 2784

415 Pine Street 

Mount Vernon, WA 98273

Telephone: 360-336-2939

Facsimile: 360-336-2949

 

Stanwood

 

P.O. Box 458

10027 - 269th Place NW (SR 532)

Stanwood, WA 98292

Telephone: 360-629-3833

Facsimile: 360-629-6253

 

 

 

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 Jeff Davis
Sent: Friday, October 2, 2020 1:47 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com <mailto:wsbapt at lists.wsbarppt.com> >
Subject: Re: [WSBAPT] 2 probates?

 

Ms. Brozik,

 

We quite often open a combined probate under one cause of action, and filing fee, having both wills admitted.  The Personal Representative can then sign one deed for the joint estate transferring the property to whomever is or are the grantee(s).  There are other options for dealing with the father’s interest, but I believe a joint probate is the best route.  When in doubt, however, check with your local title company and see what they want in order to insure title.

 

Jeff Davis.

 

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 Jenna Brozik
Sent: Friday, October 2, 2020 1:25 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com <mailto: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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