[WSBAPT] 2 probates?

[Inge Fordham]

Colleagues,

Has anyone attempted to open a joint probate where one spouse died intestate and the second spouse died testate?  I am trying to save my client the added expense of having to commence two separate probates but don’t know that I can under the circumstances.

DH died intestate in 1976, sole asset was real community property.  Title was never cleared to remove DH.  Then DW died testate in 2020 leaving her entire estate (including the same real property) to her spouse.  Son of DH and DW is willing to serve as administrator and personal representative (he is the named PR in DW’s will).  Can I file a joint petition for probate of will, appointment of administrator and personal representative, and order granting nonintervention powers?  Or must I file separately?

I would like to know if anyone has attempted this and, if so, whether they were able to file jointly.  Thanks in advance for any insight!

Best regards,


[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent.  This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient.  If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it.  If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.

From: <wsbapt-bounces at lists.wsbarppt.com> on behalf of Jeff Davis <jeff at bellanddavispllc.com>
Organization: Bell & Davis
Reply-To: "jeff at bellanddavispllc.com" <jeff at bellanddavispllc.com>, WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Date: Friday, October 2, 2020 at 3:14 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] 2 probates?

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>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20201022/8ccbb244/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 358106 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20201022/8ccbb244/image001-0001.png>